CrPC Section 264
CrPC Section 264 — When Accused is Acquitted or Discharged
🔹 What does Section 264 say?
If an accused person has been acquitted or discharged in any case,
And the complainant or the public prosecutor wants to appeal against that order,
Then before the appeal is entertained by the Sessions Court, the complainant or prosecutor must obtain the previous sanction of the Court by which the accused was acquitted or discharged (i.e., the Magistrate or the trial court).
🔹 Key points:
This section protects the accused from frivolous or vexatious appeals after acquittal or discharge.
The court that acquitted or discharged the accused acts as a gatekeeper for allowing appeals.
Applies to appeals from lower courts to the Sessions Court.
🔹 Why this Section exists:
To prevent harassment of the accused by repeated or unwarranted appeals.
Ensures that the complainant or prosecution carefully evaluates the grounds before appealing.
Acts as a check against misuse of the appeal process.
🔹 In summary:
After acquittal or discharge,
You cannot appeal straightaway,
You need permission (sanction) from the court that gave the acquittal/discharge,
Only then the Sessions Court will hear the appeal.
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