Determining Appellate Forums for Victim Appeals Against Acquittals Under the BNSS

sketch of the Supreme Court of India
Case
SUBHAS CHANDRA SARKAR v. THE STATE OF WEST BENGAL (Supreme Court of India, 22-09-2026)
Law
Code of Criminal Procedure, Indian Penal Code.

Highlights of the Judgment:

  • Detailed interpretation of the proviso to Section 413 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) concerning a victim's right of appeal against acquittal.
  • Analysis of jurisdictional forums for victim appeals challenging Magistrate acquittal orders under the BNSS framework.
  • Distinction between appellate provisions under the BNSS and the erstwhile Code of Criminal Procedure, 1973.
  • Clarification on coordinate bench powers regarding the review of maintainability at final hearing stages.