Ujjwal Nikam flags delay in acquittal appeals, seeks timely justice

Nikam cited a Supreme Court observation that as of March 25, 2025 more than seven lakh criminal appeals remained pending in high courts

Prominent public prosecutor and Rajya Sabha MP Ujjwal Nikam on Monday raised the concern of delays in hearing appeals against acquittals, arguing that the lack of timely justice can leave an innocent individual burdened by an unresolved case long after being cleared.

Nikam argued that the state bears responsibility in ensuring timely justice as a major litigant in criminal administration. (HT File Photo)

“If acquittal was erroneous, a dangerous offender will go to trial but if acquittal was sound, an innocent person continues to live under the shadow of an unresolved prosecution, unable to move forward with life,” said Nikam.

“The criminal justice system has two supporting pillars-- a fair trial and timely justice. If either pillar weakens the entire edifice begins to crumble,” he added.

Section 419 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs appeals in cases of acquittals. It allows both the state and the complainant to challenge a court order acquitting the accused in cases where the trial court has committed a grave error of law or in its appreciation of evidence.

Nikam cited a Supreme Court observation that as of March 25, 2025 more than seven lakh criminal appeals remained pending in high courts, of which thousands were appeals against acquittals.

“Scientific evidence and testimony of courageous witnesses can ultimately fail not because evidence was weak but because acquittal appeal remains unheard for too long,” Nikam said.

He further argued that the state bears responsibility in ensuring timely justice as a major litigant in criminal administration.