Asian Paints counterfeit case – Supreme Court allows victim company to appeal acquittal.
CASE SUMMARY – In Asian Paints Ltd. vs. Ram Babu, the Supreme Court clarified that a company suffering from counterfeiting and IP infringement qualifies as a “victim” under Section 2(wa) CrPC. The trial court convicted Ram Babu for selling counterfeit Asian Paints products, but the appellate court acquitted him. Asian Paints appeal under Section 372 CrPC was dismissed by the High Court citing non-maintainability. The Supreme Court reversed the decision, holding Section 372 to be a standalone right for victims, not contingent on Section 378. The appeal was restored for merits hearing, marking a progressive step for corporate victims in criminal justice.
SC UPHOLDS ASIAN PAINTS RIGHT TO APPEAL IN COUNTERFEIT CASE
| ASPECTS | DETAILS |
| Case Title | Asian Paints Ltd. vs. Ram Babu & Anr. [2025 INSC 828] |
| Introduction | The case examines whether a corporate entity like Asian Paints Ltd. qualifies as a “victim” under Section 2(wa) CrPC to maintain an appeal under the proviso to Section 372 CrPC, challenging acquittal of the accused. |
| Factual Background | Asian Paints discovered counterfeit paint products at Ganpati Traders owned by Ram Babu. FIR was lodged, investigation conducted, and trial court convicted Ram Babu. He was acquitted by appellate court. |
| Legal Issues |
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| Applicable Law | Sections 2(wa), 372, 374, 378 CrPC; Sections 63 & 65 Copyright Act; Section 420 IPC |
| Analysis | The SC held that Section 372 is a standalone right for the victim and not controlled by Section 378. A company suffering IP violation qualifies as a “victim.” The High Court misread maintainability and was overruled. |
| Conclusion | The appeal under Section 372 was held maintainable. SC set aside the HC’s judgment and restored the appeal to the High Court for hearing on merits. |
| Current Scenario | The matter is remanded to the Rajasthan High Court for merits-based adjudication. SC emphasized victims’ rights in criminal jurisprudence. |
“A victim under CrPC includes any person, even a company, who suffers loss from a crime — and is entitled to appeal.”
SC UPHOLDS ASIAN PAINTS RIGHT TO APPEAL IN COUNTERFEIT CASE
SOURCE – SUPREME COURT OF INDIA
READ ALSO – Sections 2(wa), 372, 374, 378 CrPC
