CrPC Section 378 — Appeal in case of acquittal

CHAPTER XXIX APPEALS

General

Summary

Sub-section (1) applies subject to sub-sections (2), (3) and (5). Under clause (a), the District Magistrate may direct the Public Prosecutor to appeal to the Court of Session against a Magistrate’s acquittal for a cognizable and non-bailable offence. Under clause (b), the State Government may direct the Public Prosecutor to appeal to the High Court against an original or appellate acquittal by a court other than the High Court, except an order covered by clause (a), or against an acquittal passed by the Court of Session in revision.

Sub-section (2) applies where the case was investigated by the Delhi Special Police Establishment or another agency empowered to investigate offences under a Central Act other than the Code. In such a case, the Central Government may, subject to sub-section (3), also direct the Public Prosecutor to appeal. Under clause (a), the appeal is to the Court of Session against a Magistrate’s acquittal for a cognizable and non-bailable offence. Under clause (b), it is to the High Court against an original or appellate acquittal by a court other than the High Court, except an order covered by clause (a), or against an acquittal passed by the Court of Session in revision.

Sub-section (3) says that an appeal to the High Court under sub-section (1) or (2) cannot be entertained unless the High Court grants leave.

Sub-section (4) applies to an acquittal in a case started on a complaint. If the complainant applies to the High Court and the Court grants special leave to appeal, the complainant may appeal to the High Court.

Sub-section (5) sets the time limit for applying for special leave under sub-section (4): the High Court cannot entertain the application after six months from the acquittal order if the complainant is a public servant, or after sixty days in every other case.

Sub-section (6) says that if the High Court refuses an application for special leave under sub-section (4), no appeal against that acquittal may be brought under sub-section (1) or (2).

Official Text

5[

(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections

(3) and (5),—

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of 3. Subs. by s. 31, ibid., for “the High Court” (w.e.f. 23-6-2006). Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.]

(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 1[the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal—

(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision].

(3) 2[No appeal to the High Court] under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).

Referred to by

Related Judgments

  • SUBHASH CHAND vs STATE (DELHI ADMINISTRATION) — Supreme Court of India (2013)
  • MOHD ABAAD ALI & ANR. vs DIRECTORATE OF REVENUE PROSECUTION INTELLIGENCE — Supreme Court of India (2024)
  • MOHAN @SRINIVAS @SEENA @TAILOR SEENA vs THE STATE OF KARNATAKA — Supreme Court of India (2021)
  • STATE OF HARYANA vs SURJIT SINGH — Supreme Court of India (2008)
  • Suhas Uttam Karande vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2018)
  • STATE OF CHHATTISGARH vs AMIT AISHWARYA JOGI — Supreme Court of India (2025)

Old <-> New Code Mapping