Section 419 of BNSS : Section 419: Appeal in case of acquittal.

BNSS

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Explanation using Example

Example 1:

Ravi was accused of theft, a cognizable and non-bailable offense, and was tried in a Magistrate's court. The Magistrate acquitted Ravi, finding him not guilty. The District Magistrate, believing that the acquittal was incorrect, directed the Public Prosecutor to appeal the acquittal in the Court of Session. The Public Prosecutor then presented the appeal to the Court of Session, seeking a reversal of the acquittal.

Example 2:

Priya was accused of fraud, a cognizable and non-bailable offense, and was tried in a Sessions Court. The Sessions Court acquitted Priya. The State Government, disagreeing with the acquittal, directed the Public Prosecutor to appeal the acquittal in the High Court. The Public Prosecutor filed the appeal, but the High Court required special permission (leave) to entertain the appeal. The High Court granted the leave, and the appeal proceeded.

Example 3:

A Central Government agency investigated a case of tax evasion against a company. The Magistrate acquitted the company. The Central Government, believing the acquittal was unjust, directed the Public Prosecutor to appeal the acquittal in the Court of Session. The Public Prosecutor presented the appeal to the Court of Session.

Example 4:

Sunita filed a complaint against her neighbor for harassment. The Magistrate acquitted the neighbor. Sunita, dissatisfied with the acquittal, applied to the High Court for special leave to appeal the acquittal. The High Court granted her special leave, and Sunita presented her appeal to the High Court within the stipulated 60 days.

Example 5:

A police officer was acquitted of charges of corruption by a Magistrate. The complainant, another public servant, wanted to appeal the acquittal. The complainant applied to the High Court for special leave to appeal within six months of the acquittal. The High Court granted the special leave, allowing the complainant to present the appeal.

Example 6:

Rajesh was acquitted of assault charges by a Magistrate. The complainant, who was not a public servant, applied to the High Court for special leave to appeal the acquittal after 70 days. The High Court refused the application because it was filed after the 60-day limit. Consequently, no appeal could be made against the acquittal under sub-sections (1) or (2).

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