Person Aggrieved

What is a Person Aggrieved?

A **person aggrieved** is someone who has suffered a legal grievance — a person whose legal rights or interests have been directly and adversely affected by an order, decision, act, or omission of a court, tribunal, or authority. The concept determines **standing** (locus standi) — that is, whether a person has the right to challenge or appeal against a particular decision.

Not every person who is unhappy with a decision qualifies as a "person aggrieved." The law requires a **direct, tangible injury** to legal rights or interests. A mere sense of dissatisfaction, moral indignation, or ideological disagreement is not sufficient to confer the status of a person aggrieved.

Legal Framework in India

Statutory Usage

The phrase "person aggrieved" or "any person aggrieved" appears in numerous Indian statutes, granting the right to appeal, review, or seek remedy:

- **Section 96 CPC:** A right of appeal from a decree is available to "any party aggrieved" by the decree

- **Section 372 CrPC (Section 415 BNSS):** The victim is treated as a person aggrieved and can appeal against acquittal or inadequate sentence

- **Section 62 of the Trade Marks Act, 1999:** "Any person aggrieved" may apply for rectification of the register

- **Section 64 of the Patents Act, 1970:** "Any person interested" (essentially a person aggrieved) may seek revocation of a patent

- **Section 35 of the Arbitration and Conciliation Act, 1996:** A person aggrieved by an arbitral award may apply to set it aside under Section 34

- **Section 91 CPC:** Suits relating to public nuisance or other wrongful acts can be filed by the **Advocate General** or with the court's leave by two or more persons who are aggrieved

Constitutional Remedies

Under **Article 226** of the Constitution, any person aggrieved by the action of a State authority may file a writ petition before the High Court. Under **Article 32**, any person whose fundamental rights have been violated may approach the Supreme Court directly. The concept of "person aggrieved" is central to determining whether the petitioner has standing to invoke these constitutional remedies.

Judicial Interpretation

The Classical Test

The Supreme Court in **Jasbhai Motibhai Desai v. Roshan Kumar (1976) 1 SCC 671** laid down the test for determining who is a "person aggrieved":

- The person must have a **genuine grievance** because an order has been made that prejudicially affects their interests

- The interest must be a **legal interest** — a right recognised and protected by law — and not merely a sentimental, emotional, or commercial interest unconnected to the legal issue

- There must be a **direct connection** between the impugned order and the alleged injury

Liberal Interpretation

Over time, courts have broadened the interpretation of "person aggrieved" in certain contexts. In **Bar Council of Maharashtra v. M.V. Dabholkar (1975) 2 SCC 702**, the Supreme Court observed that the expression "person aggrieved" should not be interpreted too narrowly or technically. A liberal and practical interpretation should be given, particularly when the statute uses the phrase to confer a right of appeal or review.

Trade Mark and IP Cases

In **Hardie Trading Ltd. v. Addisons Paint and Chemicals Ltd. (2003) 11 SCC 92**, the Supreme Court held that for the purpose of trademark rectification under the Trade Marks Act, "any person aggrieved" includes any person who has a **commercial interest** that is affected by the registration — such as a competitor, a person who wants to use the mark, or a person whose business reputation is harmed.

When Does This Concept Matter?

Right of Appeal

The right to appeal against a court decree or order is typically limited to a "party aggrieved." A party who has obtained all the relief they sought cannot generally appeal, since they have no grievance. However, a party who partially succeeded but was denied some relief is a person aggrieved to the extent of the denial.

The Supreme Court in **State of Punjab v. Amar Singh Harika (1966) 1 SCR 230** held that even a party who has succeeded overall may be "aggrieved" if the reasoning of the judgment prejudicially affects their rights in future proceedings.

Writ Jurisdiction

When challenging administrative actions, the petitioner must demonstrate that they are personally aggrieved by the action. In **Fertilizer Corporation Kamgar Union v. Union of India (1981) 1 SCC 568**, the Supreme Court observed that while the traditional rule requires a direct personal injury, the court may relax standing requirements in matters of **public interest**.

Regulatory and Disciplinary Proceedings

In professional disciplinary proceedings — before the Bar Council, Medical Council, or similar bodies — the complainant is typically the person aggrieved by the professional misconduct. However, the regulatory body itself may also be considered a person aggrieved if its order is set aside or modified.

Consumer Disputes

Under the **Consumer Protection Act, 2019**, a "complainant" includes a consumer, any recognised consumer association, the Central or State Government, or one or more consumers having the same interest. The definition is broader than the traditional "person aggrieved" concept, reflecting the consumer protection policy of giving wider access to remedies.

Election Disputes

Under the **Representation of the People Act, 1951**, an "aggrieved candidate" or "elector" may challenge an election by filing an election petition. The person must demonstrate that they were directly affected by the election result or the irregularity complained of — typically, a losing candidate or a voter whose right to vote was denied.

Practical Significance

- **Gatekeeping function:** The concept of "person aggrieved" acts as a filter to ensure that only persons with a genuine stake in the matter access the court's appellate or review jurisdiction

- **Prevents busybodies:** It bars strangers or persons with no real interest from clogging the courts with frivolous challenges

- **Evolving scope:** The scope of "person aggrieved" has expanded through public interest litigation, consumer protection, and environmental law, where courts permit broader standing

- **Context-dependent:** The same phrase may be interpreted differently in different statutes, depending on the legislative purpose and context

Frequently Asked Questions

Can a stranger who is not a party to the case be considered a person aggrieved?

Generally, only parties to a proceeding or persons whose legal rights are directly affected by the order are considered persons aggrieved. However, exceptions exist. Under **public interest litigation**, any public-spirited person can approach the court on behalf of those who cannot. In intellectual property matters, competitors and persons with a commercial interest can be treated as persons aggrieved even if they were not parties to the original proceedings. The test is whether the person has a **direct and genuine legal interest** that is adversely affected.

Is the government a person aggrieved when a court acquits the accused?

Yes. The **State** (prosecution) is considered a person aggrieved when a court acquits the accused or passes an inadequate sentence. Under **Section 378 CrPC (Section 419 BNSS)**, the State Government or the Central Government may appeal against an order of acquittal. Additionally, under **Section 372 CrPC (Section 415 BNSS)**, the victim is now also recognised as a person aggrieved with the right to appeal against acquittal or inadequate compensation.

Does losing a tender or contract make a person aggrieved for the purpose of filing a writ petition?

An unsuccessful bidder in a government tender process may be considered a person aggrieved if the tender process violated principles of **fairness, transparency, or the tender conditions**. The Supreme Court in **Tata Cellular v. Union of India (1994) 6 SCC 651** held that judicial review of administrative action in contractual matters is limited, but an aggrieved bidder can challenge the process if there is arbitrariness, mala fide intention, or violation of the tender conditions. The bidder must show that the irregularity directly affected their right to a fair opportunity.