Asynchronous Mode Video No.

Law of Crimes Paper III- Criminal Procedure Code II- Jan 2021 - May 2021

Simon Benjamin (Course In-Charge)

‘VICTIM’
vDefinition: Section 2(wa)
- a person who has suffered any loss/ injury,
- loss/ injury is caused by reason of the act/ omission,
- the act/ omission for which an accused is charged.

v‘Victim’ includes:
-Guardian
-Legal Heir
Section 24(8): Right of representation
- Advocate of choice can be engaged to assist the prosecution.

Legal Aid provided by State to Victims before the Trial Court

and also before the Appellate Court.
v File criminal appeal under S.372 CrPC;

v Oppose the criminal appeal under S.374 CrPC filed

against a conviction by the accused and to oppose the
accompanying suspension of sentence application
under S.389 CrPC
v Mallikarjun Kodagali v. State of Karnataka, (2019) 2 SCC 752
no leave of court is required under S.378(3) CrPC for the victim before
filing appeal under S.372 CrPC

WHO CAN FILE THE APPEAL

FOR A VICTIM?
v Ram Phal v. State & Ors, (2015) SCC Online Del 9802
legal heirs of victim can file appeal under S.372 CrPC after seeking leave
of court as required under S.378(3) CrPC
v National Commission for Women v. State of Delhi & Anr.,
(2010) 12 SCC 599
victim does not have a right to an appeal against an inadequate
sentence
v Parvinder Kansal v. State of NCT of Delhi, 2020 SCC OnLine
SC 685
an appeal filed by the victim seeking enhancement of sentence is
not maintainable
v File criminal revision under S. 397 CrPC read with S. 399
CrPC (Sessions Court) &
v File criminal revision under S. 397 CrPC read with S. 401
CrPC (High Court)

v Transfer of cases under Ss.406 , 407 & 408 CrPC