What Is BNSS Section 89?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 89: Appeal from order rejecting application for restoration of attached property

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.

Brefe Detail

This section allows individuals who are affected by a decision to deny the delivery of attached property or its sale proceeds to appeal to the appropriate court. The appeal is directed to the court that typically handles appeals from the original court's decisions.

Question & Answers

Q: Who can appeal under Section 89?

A: Any person referred to in sub-section (3) of section 88 who is aggrieved by a refusal to deliver property or the proceeds of the sale.

Q: What can a person appeal against?

A: A person can appeal against the refusal to deliver property or the proceeds from the sale of that property.

Q: To which court does the appeal go?

A: The appeal goes to the Court that ordinarily hears appeals from the decisions of the original court.

Example

If a person has had their property attached under section 85 and later seeks its restoration but is refused, they can appeal to the relevant higher court for a review of that decision.

Summary

Section 89 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a legal avenue for individuals who feel wronged by the denial of property or sale proceeds, allowing them to appeal to a higher court for redress.