Code
Section 414 BNSS
Any person,
(i) who has been ordered under Section 136 BNSS to give security for keeping the peace or for good behavior; or
(ii) who is aggrieved by any order refusing to accept or rejecting a surety under Section 140 ,
may appeal against such order to the Court of Session:
Provided that nothing in this section shall apply to persons whose proceedings are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of Section 141 BNSS.
Explanation of Section 414 BNSS
Section 414 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides individuals with the right to appeal against orders related to security requirements for maintaining peace and good behavior. The section allows appeals in two scenarios:
- Orders under Section 136 BNSS: If a person is directed to furnish security for keeping the peace or ensuring good behavior, they have the right to challenge such an order in the Court of Session.
- Rejection of Surety under Section 140 BNSS: If a Court refuses to accept a surety or rejects it, the aggrieved person can appeal this decision.
However, the provision does not apply when proceedings are directly placed before a Sessions Judge as per Section 141(2) or 141(4) BNSS. This ensures that the appeal process is streamlined while maintaining judicial oversight.
Illustrations
Example 1: Appeal Against a Security Order
Rahul, a shopkeeper, is accused of disturbing public peace, and the Magistrate orders him to furnish security under Section 136 BNSS. Rahul believes the order is unjustified and decides to appeal the decision in the Court of Session under Section 414 BNSS.
Example 2: Rejection of Surety
Amit provides a surety for his friend who was ordered to maintain peace, but the Magistrate rejects the surety. Feeling aggrieved, Amit can appeal this decision under Section 414 BNSS.
Example 3: No Right to Appeal When Proceedings Are Before Sessions Judge
If the case against Ravi is directly placed before a Sessions Judge under Section 141 BNSS, he cannot appeal under Section 414 BNSS, as the section does not apply in such cases.
Common Questions and Answers
1. Who can appeal under Section 414 BNSS?
Any person who has been:
- Ordered to furnish security under Section 136 BNSS, or
- Aggrieved by the refusal or rejection of a surety under Section 140 BNSS.
2. Where can an appeal be filed under Section 414 BNSS?
The appeal must be filed in the Court of Session.
3. Can a person appeal if their case is before a Sessions Judge under Section 141 BNSS?
No, Section 414 BNSS does not apply in cases where proceedings are already laid before a Sessions Judge under Section 141(2) or 141(4) BNSS.
4. What is the purpose of allowing appeals under Section 414 BNSS?
This section ensures judicial fairness and protection of individual rights, allowing people to challenge unjust security orders or wrongful rejection of surety.
Conclusion
Section 414 BNSS upholds the right to appeal in cases involving security for peace and good behavior. It provides individuals with legal recourse against orders that they believe to be unjust. However, the provision ensures judicial efficiency by restricting appeals in cases already under Sessions Judge jurisdiction under Section 141 BNSS. This balance between legal remedies and streamlined court proceedings enhances the fairness and accessibility of the criminal justice system.
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