Code: Section 500 BNSS
(1) Any person aggrieved by an order made by a Court or Magistrate under
section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie
from convictions by the former Court.
(2) On such appeal, the Appellate Court may direct the order to be stayed pending
disposal of the appeal, or may modify, alter or annul the order and make any further orders
that may be just.
(3) The powers referred to in sub-section (2) may also be exercised by a Court of
appeal, confirmation or revision while dealing with the case in which the order referred to in
sub-section (1) was made
Explanation of Section 500 BNSS
Section 500 allows someone to challenge orders made under Section 498 or Section 499 if they believe the decision was unfair. The higher Court can pause the order and review it. If the Court finds it unjust, it can change the decision or annul it. This provides a way to ensure justice is done.
Illustration
Example 1: Filing an Appeal Under Section 500
A person is convicted under Section 498 for an offense. They believe the decision was wrong. They file an appeal. The higher Court can pause the execution of the sentence until it is reviewed. The Court may then change or annul the order.
Example 2: Role of the Appellate Court
An accused person appeals a decision under Section 499. The appellate Court reviews the case and can pause the sentence. It may also change the decision if needed.
Common Questions and Answers on Section 500 BNSS
1. Who can appeal under Section 500 BNSS?
- Answer: Any person unhappy with an order made under Section 498 or Section 499 can file an appeal.
2. Can the appellate Court change the order in an appeal?
- Answer: Yes, the appellate Court can modify, change, or cancel the order. It can also make further orders.
3. Can the appellate Court pause the order during the appeal?
- Answer: Yes, the appellate Court may pause the execution of the order while the appeal is pending.
4. Can other Courts use the same powers?
- Answer: Yes, Courts handling the appeal, confirmation, or revision of the case can also use these powers.
Conclusion
Section 500 BNSS provides a chance to challenge orders made under Sections 498 and 499. This ensures that unjust decisions can be reviewed. The appellate Court can pause the order, change it, or annul it, ensuring fairness.
