Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an appeal in case of an order of acquittal passed…

Under Section 419(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 378(1)(a) of the Code of Criminal Procedure, 1973), 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. Furthermore, under the proviso to Section 413 of the Sanhita, a victim's appeal against an order of acquittal passed by a Magistrate also lies to the Court of Session, being the Court to which an appeal ordinarily lies against an order of conviction of such Court. An appeal never lies to the Chief Judicial Magistrate's Court against a Magistrate's acquittal, while appeals to the High Court under Section 419(1)(b) and Section 419(4) apply to other classes of acquittals.