Can a victim appeal an acquittal without High Court leave?

Yes. Under the proviso to Section 372 CrPC, the victim can file an appeal against acquittal without seeking leave, unlike the State under Section 378 CrPC.

How is a victim different from a private complainant?

A victim has an independent statutory right to appeal under Section 372. A private complainant controls a private complaint and needs the Court’s leave where the Code so requires.

Does the ruling change Section 378 CrPC?

No. Section 378 continues to apply to the State and private complainants for leave to appeal. The proviso to Section 372 creates a separate path for victims.

Why is leave not required for victims?

Requiring leave would dilute the legislature’s intent, which placed victims in the proviso to Section 372 and exempted them from the leave requirement.

What is the practical takeaway for practice?

When advising a victim post-acquittal, file an appeal invoking Section 372 proviso; do not move for leave under Section 378 unless you are a private complainant.

Law Easy

02 November, 2025

251

Balasaheb Rangnath Khade v. State of Maharashtra – Section 372 CrPC Victim Appeal | The Law Easy

Balasaheb Rangnath Khade v. State of Maharashtra

Bombay High Court 2012 2012 Bom (Cri) 632 Criminal Procedure 6 min read

Author: Gulzar Hashmi

Location: India

Publish Date: 02 Nov 2025

Primary Keywords: Section 372 CrPC; Victim Appeal; Acquittal

Secondary Keywords: Section 378 CrPC; Leave to Appeal; Private Complainant

Slug: balasaheb-rangnath-khade-v-state-of-maharashtra

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Quick Summary

This case clarifies the victim’s right to appeal. The Bombay High Court said that a victim can appeal against an acquittal, conviction, or sentence under the proviso to Section 372 CrPC without asking for the High Court’s leave. That leave rule is for the State or private complainant under Section 378; it does not bind a victim.

Issues

Can a victim file an appeal against an order of acquittal under the proviso to Section 372 CrPC without obtaining leave like the State must under Section 378?

Rules

The proviso to Section 372 CrPC grants victims a direct right to appeal.
Requiring leave would dilute the legislative choice that keeps victims outside the Section 378 leave framework for State/private complainants.
Victims are expressly recognized and excepted from the rigours of leave found elsewhere in appeal procedure.

Facts (Timeline)

Timeline visual for Balasaheb Rangnath Khade case

Acquittal: The accused were acquitted in a criminal case.

Appeal by Victim: Balasaheb Rangnath Khade, as victim, filed an appeal under the proviso to Section 372 CrPC.

Core Question: Must a victim seek the High Court’s leave, like the State must under Section 378?

Arguments

Appellant (Victim)

Proviso to Section 372 gives a standalone right to victims.
No text requires leave for victims; Section 378 targets State/private complainant.

Respondent (State/Accused)

Leave maintains judicial filter for appeals after acquittal.
Victim and private complainant should be treated similarly.

Judgment (Held)

Judgment graphic for Balasaheb Rangnath Khade case

Held: A victim does not need leave to appeal under the proviso to Section 372 CrPC. The High Court emphasized the legislature’s design: victims were placed in the proviso to Section 372 and kept out of the Section 378 leave regime. Requiring leave would undermine that choice.

The Court also marked a thin difference between a victim and a private complainant. A complainant who prosecutes a private complaint remains subject to the Code’s leave requirements where applicable, while the victim’s appeal right under Section 372 is absolute.

Ratio Decidendi

The proviso to Section 372 CrPC gives victims a direct statutory right to appeal orders such as acquittal. This right stands independent of Section 378 CrPC and is not conditioned on leave.

Why It Matters

Centers the victim’s voice in criminal justice.
Removes a procedural barrier (leave) for victim appeals.
Clarifies the distinct roles of victim vs. private complainant.

Key Takeaways

Victim’s appeal under Section 372 proviso: no leave needed.
State/private complainant: Section 378 leave norms still apply.
Legislative intent protects the victim’s independent remedy.

Mnemonic + 3-Step Hook

Mnemonic: V-I-C-T-I-M — Victim’s Independent Channel To Immediate Motion (appeal without leave).

Check if you are a victim under Section 2(wa).
Choose Section 372 proviso for appeal.
File without seeking Section 378 leave.

IRAC Outline

Part	Content
Issue	Whether a victim needs leave to appeal an acquittal under the proviso to Section 372 CrPC.
Rule	Proviso to Section 372 grants a direct right to victims; Section 378 leave applies to State/private complainants.
Application	Requiring leave would dilute legislative intent that treated victims differently and placed them in Section 372.
Conclusion	No leave required for a victim’s appeal under Section 372 proviso.

Glossary

Victim (CrPC): A person who has suffered loss or injury due to the act or omission of the accused.
Leave to Appeal: Permission from the court to file an appeal, required in specified situations (e.g., Section 378).
Private Complainant: A person who initiates a complaint case and conducts the prosecution privately.

FAQs

Yes. The proviso to Section 372 gives victims a direct right to appeal; no leave like Section 378 is needed.

No. A private complainant runs a private case and may need leave. A victim’s appellate right under Section 372 is independent.

No. The State still follows Section 378 leave requirements.

A private complainant remains under the Code’s leave filters where applicable; the victim’s Section 372 route stands apart.

If advising a victim, file an appeal under Section 372 proviso. Do not move for Section 378 leave unless you proceed as State/private complainant.

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