Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
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Summary
When a court orders a person to give security for keeping the peace or for good behaviour, that person may appeal the order to the Sessions Court. The same right to appeal exists if a court refuses to accept or rejects a proposed surety. This appeal right does not apply where the proceedings have already been placed before a Sessions Judge under the law.
Example
Rohan repeatedly argues with his neighbours and the magistrate orders him to give security for keeping the peace. Rohan can challenge that order by appealing to the Sessions Court. If the magistrate refuses a person Rohan proposes as his surety, Rohan can also appeal that refusal to the Sessions Court.
Bare Act
Enacted textAny person,-
(i) who has been ordered under section 136 to give security for keeping the peace or for good behaviour; 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 the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141.
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