Delhi decentralises power to appeal against acquittal

The Delhi Government has decentralised the power under the Criminal Procedure Code to file an appeal in the Sessions Court against an acquittal by a Magistrate by authorising the District Magistrates of all districts to direct the public prosecutor to prefer such appeals.

Chief Minister Arvind Kejriwal has approved the matter and sent the file to Lieutenant Governor Najeeb Jung for his approval.

At present, the Delhi Government’s Additional Secretary, Home Department, exercises the power under Sections 3w77 and 378 of Cr.P.C. in respect of cognisable and non-bailable offences for which acquittal orders are passed by the Magistrate.

Official sources said here on Wednesday that Chief Minister Arvind Kejriwal had decided to decentralise the power at the level of District Magistrates rather than centralising it in one officer in the Secretariat.

Since the conviction rate is at present stated to be low in the Capital, the move is expected to help in quicker analysis of acquittals in matters decided by the Magistrates and ensure faster decision in appeal cases.

The sources said the decision would help bring down the crime rate and render assistance in proper analysis of quality of investigation and quality of prosecution at the district level. It will also help in ensuring better investigation, prosecution and conviction in criminal cases which are decided up to the Magistrate level.