Appeal in case of acquittal.

What this section does

The District Magistrate may direct the Public Prosecutor to appeal to the Court of Session against an acquittal by a Magistrate in cognizable and non-bailable offences; the State Government may direct appeal to the High Court against acquittals by courts other than the High Court. The Central Government has similar powers where the offence was investigated by a Central agency. No appeal to the High Court is entertained without leave of the High Court. A complainant may seek special leave from the High Court to appeal against acquittal in complaint cases, but such application must be filed within six months (for public servants) or sixty days (for others) from the date of the acquittal order.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

District Magistrate · State Government · Central Government · Public Prosecutor · Complainant · High Court · Court of Session

Time limit

Six months (public servant complainant) or sixty days (other complainants) from the date of acquittal order for special leave application under sub-section (4)

Derived from CrPC s.378.