Section 373 CrPC: Appeal from Orders Requiring Security or Refusal to Accept Surety for Keeping Peace

1. State the Code

Section 373 of the Code of Criminal Procedure, 1973 (CrPC) deals with appeals from orders requiring security or refusal to accept surety for keeping peace.

2. Explanation

This section empowers individuals who have been directed to furnish security for keeping the peace or whose surety has been rejected by a Magistrate, to appeal against such order. The appeal lies to the Sessions Court or the High Court, depending on the nature of the order and the jurisdiction of the Magistrate.

The appeal can be filed on grounds such as:

• The order is without jurisdiction.
• The order is based on insufficient evidence.
• The order is unreasonable or excessive.

3. Illustration

Suppose a Magistrate orders a person to furnish security of ₹10,000 for keeping the peace, based on allegations of threats and harassment made by another person. The person feels that the order is excessive and based on weak evidence. They can appeal to the Sessions Court against the Magistrate’s order.

4. Common Questions and Answers

Here are some common questions and answers regarding Section 373 CrPC:

Q: Who can file an appeal under Section 373 CrPC?
A: Anyone who has been ordered to furnish security or whose surety has been rejected by a Magistrate can file an appeal.

Q: What are the grounds for appeal under Section 373 CrPC?
A: The appeal can be filed on grounds of lack of jurisdiction, insufficient evidence, or unreasonable or excessive orders.

Q: What is the time limit for filing an appeal under Section 373 CrPC?
A: The time limit for filing an appeal is 30 days from the date of the order, unless the Court grants an extension of time.