Litigation Update: Revision Of The Definiton Of The Term Victim

Background:

The Supreme Court in Asian Paints Limited v. Ram Babu & Another addressed an important question regarding whether an entity that suffers loss from an offence, even if not the original complainant, qualifies as a "victim" and can appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973 ("CrPC"). The Court also considered whether this statutory right of appeal is subject to Section 378 CrPC.

Facts:

Asian Paints Limited, a prominent manufacturer, faced counterfeiting of its products in the market. The company, through a Power of Attorney to M/s Solution, an IPR consultancy, initiated efforts to investigate violations and enforce its intellectual property rights, including trademarks and copyrights. Mr. Pankaj Kumar Singh, authorized by M/s Solution, discovered counterfeit paint buckets at Ganpati Traders, a shop owned by Ram Babu. After informing the police and providing evidence, counterfeit products were seized, and Ram Babu