Criminal

Application for Leave to Appeal Against Acquittal under Section 378 CrPC

An application for leave to appeal against acquittal is the procedural gateway required to challenge a trial court's judgment of acquittal before the High Court. It is filed together with the substantive Memorandum of Criminal Appeal and must demonstrate a prima facie case that the acquittal is unsustainable.

This filing is made before the High Court under Section 378 of the Code of Criminal Procedure, 1973, or Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application is the vehicle for both the State, through the Public Prosecutor, and a private complainant seeking special leave to appeal.

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Governing law
CrPC 1973 s.378(1)/(3)/(4) / BNSS 2023 s.419
Sections
s. 378s. 419
Filed before
High Court

When this is the right filing

  • When the State wishes to appeal an order of acquittal passed by a Sessions Court or Magistrate.
  • When a complainant in a private complaint case seeks special leave of the High Court to appeal against an acquittal.
  • When the trial court's reasoning is perverse, impossible on the evidence, or based on a complete misreading of the material.
  • Do not use this application if the appeal is against a conviction; a regular criminal appeal is the appropriate filing.

What the court looks for

  • A clear demonstration that the trial court's view is not a possible view on the evidence, meeting the high standard for interfering with an acquittal.
  • Grounds of appeal that specifically attack the defects in the trial court's reasoning, not merely arguing that another view was possible.
  • Proper identification of the appellant type, as the cause title and averments differ for a State appeal under Section 378(1)/(3) and a complainant's special leave petition under Section 378(4).
  • A complete paper-book including the leave application and the memorandum of appeal, with separate case numbers assigned at filing.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Leave application
  2. 2Grounds of appeal
  3. 3Prayer
  4. 4Affidavit in support
How it opens
The Appellant assails the judgment and order of acquittal on the following grounds, each independent of and without prejudice to the others:—

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a State appeal and a complainant's appeal against acquittal?

A State appeal is filed by the Public Prosecutor under Section 378(1) of the CrPC and requires leave of the High Court under Section 378(3). A complainant's appeal in a private complaint case is filed under Section 378(4) and expressly requires 'special leave' of the High Court. The cause title and the 'SHOWETH' paragraphs in the application differ accordingly.

What is the legal standard for the High Court to grant leave against an acquittal?

The standard is high. An appellate court will not disturb an acquittal unless the trial court's view is perverse, impossible on the evidence, or based on a complete misreading of the material. The leave application must establish a prima facie case meeting this bar, not merely suggest that another view was possible.

Is the leave application filed as a separate document from the criminal appeal?

No. The application for leave and the memorandum of criminal appeal are filed together on the same paper. They carry separate case numbers—a leave application number and a criminal appeal number—both assigned at the time of filing.

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