Section 378 CrPC: Appeal in case of acquittal

What Section 378 CrPC Says

378. Appeal in case of acquittal

(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 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, 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) 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).

Source: Section 378, Code of Criminal Procedure, 1973

Section 378 CrPC in Simple Words

When Section 378 CrPC Applies

• The District Magistrate may instruct the Public Prosecutor to file an appeal before the Court of Session when a Magistrate acquits a person of a cognizable and non-bailable offence under Section 378(1)(a) of the Code of Criminal Procedure, 1973.
• The State Government may under Section 378(1)(b) CrPC instruct the Public Prosecutor to appeal to the High Court against an original or appellate acquittal by any Court below the High Court not falling under Section 378(1)(a) CrPC, or against an acquittal passed by the Court of Session in revision.
• When an acquittal occurs in a case investigated by the Delhi Special Police Establishment or another agency empowered under a Central Act other than the Code, the Central Government may under Section 378(2) CrPC direct the Public Prosecutor to appeal to the Court of Session for a Magistrate's acquittal in a cognizable and non-bailable offence, or to the High Court for other lower-court original, appellate, or Court of Session revisional acquittals.
• An appeal directed by the State Government or the Central Government to the High Court under Section 378(1) CrPC or Section 378(2) CrPC shall not be entertained without the leave of the High Court under Section 378(3) CrPC.
• In a case instituted upon complaint, the complainant may apply to the High Court for special leave to appeal from the acquittal and may present the appeal to the High Court if special leave is granted under Section 378(4) CrPC.

Time Limits Under Section 378 CrPC

• Where the complainant is a public servant, the High Court shall not entertain an application under Section 378(4) of the Code of Criminal Procedure, 1973 for special leave to appeal after six months from the date of the order of acquittal under Section 378(5) CrPC.Act text: “after the expiry of six months, where the complainant is a public servant”
• Where the complainant is not a public servant, the High Court shall not entertain an application under Section 378(4) CrPC for special leave to appeal after sixty days from the date of the order of acquittal under Section 378(5) CrPC.Act text: “and sixty days in every other case, computed from the date of that order of acquittal.”

Example of Section 378 CrPC

When Section 378 CrPC Does Not Apply

• An appeal to the Court of Session from a Magistrate's order of acquittal cannot be directed under Section 378(1)(a) or Section 378(2)(a) of the Code of Criminal Procedure, 1973 where the offence is not a cognizable and non-bailable offence.
• The High Court shall not entertain an appeal under Section 378(1) CrPC or Section 378(2) CrPC unless the leave of the High Court is obtained under Section 378(3) CrPC.
• The High Court shall not entertain a complainant's application for special leave to appeal under Section 378(4) CrPC after six months for a public servant or sixty days in every other case from the acquittal order under Section 378(5) CrPC.
• No appeal from an order of acquittal shall lie under Section 378(1) CrPC or Section 378(2) CrPC once an application for special leave to appeal under Section 378(4) CrPC has been refused under Section 378(6) CrPC.

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