Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 414: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.
Any person—
- who has been ordered under section 136 to give security for keeping the peace or for good behaviour, or
- 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.
Brefe Detail
Section 414 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the right of appeal for individuals who have been ordered to give security for maintaining peace or good behaviour under Section 136, or those who face refusal or rejection of a surety under Section 140. These individuals can appeal the orders to the Court of Session. However, this section does not apply to individuals whose cases are handled by a Sessions Judge under specific provisions mentioned in sub-section (2) or (4) of Section 141.
Question & Answers
Q1: What is the provision in Section 414 for appeal?
A1: Section 414 allows any person who has been ordered to give security for maintaining peace or good behaviour under Section 136 or who is aggrieved by an order rejecting or refusing to accept a surety under Section 140 to appeal the order to the Court of Session.
Q2: Are there any exceptions to the applicability of Section 414?
A2: Yes, Section 414 does not apply to persons whose proceedings are laid before a Sessions Judge in accordance with sub-section (2) or sub-section (4) of Section 141.
Q3: To which court can a person appeal under Section 414?
A3: A person can appeal to the Court of Session under Section 414.
Example
Example 1:
Mr. Kumar was ordered under Section 136 to give security for maintaining peace in his locality. He is unhappy with the order and wishes to challenge it. According to Section 414, Mr. Kumar may file an appeal in the Court of Session against the order.
Example 2:
Ms. Rani's surety for good behaviour was rejected by the Magistrate under Section 140. Feeling aggrieved, she wishes to appeal the rejection. Ms. Rani can appeal the rejection of her surety in the Court of Session under Section 414.
Summary
Section 414 provides an avenue for appeal to the Court of Session for those who have been ordered to provide security for peace or good behaviour or who have had their surety rejected under relevant provisions. However, it does not apply to individuals whose cases fall under specific provisions of Section 141.
