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BNSS, 2023
Start Practicing
BNSSChapter XXXVSection 495
Section495

Appeal from orders under section 491

AI Assist

Summary

Orders under this provision are appealable. If a Magistrate made the order, the appeal goes to the Sessions Judge. If a Court of Session made the order, the appeal goes to the court that hears appeals from that Court.

Example

Priya asked a Magistrate to quash a complaint, but the Magistrate passed an order under this provision refusing her plea. Priya can appeal that order to the Sessions Judge.

Bare Act

Enacted text

All orders passed under section 491 shall be appealable,-

(i) in the case of an order made by a Magistrate, to the Sessions Judge;

(ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court.

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XXXV

Chapter XXXV

Provisions as to Bail And Bonds

In this chapter

  • 478In what cases bail to be taken
  • 479Maximum period for which undertrial prisoner can be detained
  • 480When bail may be taken in case of non-bailable offence
  • 481Bail to require accused to appear before next Appellate Court
  • 482Direction for grant of bail to person apprehending arrest
  • 483Special powers of High Court or Court of Session regarding bail
  • 484Amount of bond and reduction thereof
  • 485Bond of accused and sureties
  • 486Declaration by sureties
  • 487Discharge from custody
  • 488Power to order sufficient bail when that first taken is insufficient
  • 489Discharge of sureties
  • 490Deposit instead of recognizance
  • 491Procedure when bond has been forfeited
  • 492Cancellation of bond and bail bond
  • 493Procedure in case of insolvency or death of surety or when a bond is forfeited
  • 494Bond required from child
  • 495Appeal from orders under section 491
  • 496Power to direct levy of amount due on certain recognizances
Previous · Section 494Bond required from childNext · Section 496Power to direct levy of amount due on certain recognizances