Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
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Summary
Anyone ordered to give security for keeping the peace or for good behaviour, or whose proposed surety is refused or rejected, may appeal against that order to the Court of Session. The remedy applies when the person is directly affected by the order requiring security or by refusal to accept a surety. Exception: no appeal under this rule where the proceedings have been placed before a Sessions Judge under certain special provisions.
Example
Priya is ordered to give security for good behaviour after a neighbour dispute. Her proposed surety is rejected by the magistrate. Priya can appeal that order to the Court of Session.
Bare Act
Enacted textAny person,
(i) who has been ordered under section 117 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 121,
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 122.
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