Home > Recent Judgements >Can a Company Whose IPR Is Infringed Appeal Against an Acquittal Even If It Was Not the Informant?
Nov 10 – 2025
Can a Company Whose IPR Is Infringed Appeal Against an Acquittal Even If It Was Not the Informant?
This update addresses whether a company whose intellectual property rights have been infringed may file an appeal against an acquittal, even if it was not the informant in the criminal case.
Relevant Legal Provisions
• Indian Penal Code (IPC): Sections 420 (Cheating) and 120B (Criminal Conspiracy).
• Copyright Act, 1957: Sections 63 (Criminal Infringement) and 65 (Possession of Infringing Copies).
• Code of Criminal Procedure, 1973 (CrPC): Section 372 (Right of Victim to Appeal); Section 2(wa) (Definition of Victim).
Who Is Considered a ‘Victim’?
Under Section 2(wa) of the CrPC, a ‘victim’ includes any person who has suffered loss or injury caused by the act or omission for which the accused has been charged. In cases of intellectual property infringement, the company that owns the infringed rights suffers financial and commercial harm and thus qualifies as a victim.
Key Distinction Between Informant and Victim
• An informant may file the FIR but may not have suffered direct loss.
• The victim, i.e., the company whose IPR was infringed, suffers actual commercial or proprietary injury.
• The right to appeal under Section 372 CrPC is conferred specifically upon the victim, not necessarily the informant.
Judicial Position
Courts have consistently upheld that the victim’s right to appeal an acquittal is independent. The company owning the infringed intellectual property qualifies as a victim and may appeal even if it did not originally lodge the complaint.
Practical Implications
• Companies whose IP has been infringed can appeal an acquittal, even if another party filed the complaint.
• Clear documentation of IP ownership should be maintained and presented during appellate proceedings.
• The appeal does not require consent or leave from the State when filed by the victim.
Conclusion
Yes. A company whose intellectual property rights have been infringed is entitled to appeal against an acquittal under Section 372 CrPC, even if it was not the original informant. The right arises from its status as a victim that has suffered actual loss.