Code: Section 89 BNSS
Appeal in Case of Refusal to Deliver Property or Proceeds
89.
Any person referred to in sub-section (3) of Section 88, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof, may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.
Explanation of Section 89 BNSS
Section 89 of the BNSS provides an aggrieved person with the right to appeal if their request to receive property or its proceeds is refused. Specifically, this applies to situations covered under Section 88(3). The appeal must be made to the Court that typically handles appeals for the original Court’s decisions.
- Purpose: The section ensures that individuals who are denied their property or the proceeds of its sale have an avenue for redress through the Court system.
Illustration
Example 1: Aggrieved by Refusal to Deliver Property
A person is entitled to receive a piece of property or its sale proceeds, but the Court refuses to grant it. The person may appeal to a higher Court, as outlined under Section 89, for the Court’s review and action.
Common Questions and Answers on Section 89 BNSS
1. Who can appeal under Section 89 BNSS?
- Answer: Any person referred to in sub-section (3) of Section 88 who is aggrieved by the refusal to deliver property or proceeds from its sale can file an appeal.
2. To which Court should the appeal be made?
- Answer: The appeal should be made to the Court that normally handles appeals from the sentences of the Court that initially issued the refusal.
Conclusion
Section 89 of the BNSS ensures that individuals whose requests to receive property or its proceeds have been denied have the right to appeal to a higher Court. This section provides an essential legal remedy for those seeking the return of property or compensation from a sale, offering an additional layer of fairness in the judicial process.
