Introduction
Section 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a specific right of appeal against orders passed under Section 491.
Section 491 deals with the procedure to be followed when a bond has been forfeited. Since such an order may impose financial liability or otherwise affect the person bound by the bond or the surety, Section 495 provides an appellate remedy.
The section specifies the appellate authority depending upon whether the order under Section 491 was made by a Magistrate or by a Court of Session.
Meaning of Section 495
Section 495 provides that all orders passed under Section 491 are appealable.
The appropriate appellate forum depends upon the court that passed the original order:
- An order made by a Magistrate is appealable to the Sessions Judge.
- An order made by a Court of Session is appealable to the Court to which an appeal lies from an order made by such Court.
Thus, Section 495 establishes the appellate hierarchy for orders concerning forfeited bonds.
Statutory Basis
Section 495, BNSS, 2023 — Appeal from orders under Section 491
The provision specifically refers to Section 491, which deals with the procedure when a bond has been forfeited.
Essential Elements
1. Order Must Be Passed under Section 491
The appellate remedy under Section 495 applies to orders passed under Section 491.
Section 491 deals with situations where a bond has been proved to have been forfeited and provides the procedure for dealing with the penalty arising from that forfeiture.
2. All Orders under Section 491 are Appealable
Section 495 expressly provides that all orders passed under Section 491 shall be appealable.
The section therefore creates a specific statutory appellate remedy.
3. Appeal from a Magistrate’s Order
Where the order under Section 491 is made by a Magistrate, the appeal lies to the Sessions Judge.
4. Appeal from a Court of Session’s Order
Where the order under Section 491 is made by a Court of Session, the appeal lies to the Court to which an appeal lies from an order made by such Court.
The appellate forum is therefore determined by the normal appellate structure applicable to orders of the Court of Session.
Procedure
The basic appellate structure under Section 495 is:
- A bond is forfeited.
- An order is passed under Section 491.
- The person affected by the order may invoke the statutory right of appeal.
- If the order was made by a Magistrate, the appeal lies to the Sessions Judge.
- If the order was made by a Court of Session, the appeal lies to the court to which an appeal lies from an order made by that Court.
The detailed procedure for filing and hearing the appeal is governed by the applicable provisions relating to criminal appeals under BNSS.
Powers of the Appellate Court
Section 495 identifies the appropriate appellate forum. The appellate court will exercise the powers available to it under the general provisions governing criminal appeals.
The section itself does not set out a separate list of appellate powers specifically for Section 491 orders.
Relationship with Section 491
Section 491 and Section 495
The two provisions should be read together.
Section 491 establishes the procedure when a bond has been forfeited. It allows the Court, after recording the grounds for finding that the bond was forfeited, to call upon a person bound by the bond to pay the penalty or show cause why it should not be paid.
Section 495 provides the appellate remedy against orders passed under Section 491.
Therefore, Section 491 deals with the original forfeiture proceedings, while Section 495 deals with the appeal against the resulting order.
Relationship with Section 492
Section 492 and Section 495
Section 492 deals with the cancellation of bond and bail bond following forfeiture.
Section 495 specifically provides an appeal against orders passed under Section 491.
Therefore, the existence of an appeal under Section 495 must be linked specifically to an order made under Section 491 and should not automatically be treated as a general appeal against every order concerning bonds or bail bonds.
BNSS and CrPC
Section 495 of BNSS corresponds to Section 449 of the Code of Criminal Procedure, 1973.
The basic appellate arrangement has been retained.
Under the corresponding provision, an order made by a Magistrate under the bond-forfeiture provision was appealable to the Sessions Judge, while an order made by a Court of Session was appealable to the court to which an appeal lay from an order of that Court.
The BNSS provision substantially continues this framework.
Important Distinctions
Section 491 and Section 495
Section 491 concerns the procedure when a bond has been forfeited.
Section 495 concerns the appeal against an order passed under Section 491.
Original Order and Appellate Order
The order under Section 491 is made by the original Court dealing with the forfeited bond.
The appellate order is made by the appropriate higher court specified under Section 495.
Magistrate and Court of Session
Where the Section 491 order is made by a Magistrate, the appeal lies to the Sessions Judge.
Where it is made by a Court of Session, the appeal lies to the court to which an appeal lies from an order made by that Court.
Common Confusions
Can an order under Section 491 be appealed?
Yes.
Section 495 expressly provides that all orders passed under Section 491 shall be appealable.
Where does an appeal from a Magistrate’s order lie?
An appeal against an order under Section 491 made by a Magistrate lies to the Sessions Judge.
Where does an appeal from a Court of Session’s order lie?
It lies to the Court to which an appeal lies from an order made by that Court.
Is Section 495 itself the procedure for bond forfeiture?
No.
The forfeiture procedure is contained in Section 491. Section 495 only establishes the appellate remedy against orders passed under that provision.
Example
A Magistrate passes an order under Section 491 after finding that a bond has been forfeited and directing the person bound by the bond to pay the applicable penalty.
The person affected by the order may appeal against the order to the Sessions Judge under Section 495.
If the original Section 491 order had instead been made by a Court of Session, the appeal would lie to the court specified by Section 495 for orders of that Court.
Important BNSS Provisions
- Section 484 — Amount of bond and reduction thereof.
- Section 485 — Bond of accused and sureties.
- Section 489 — Discharge of sureties.
- Section 490 — Deposit instead of recognizance.
- Section 491 — Procedure when bond has been forfeited.
- Section 492 — Cancellation of bond and bail bond.
- Section 493 — Procedure in case of insolvency or death of surety or when a bond is forfeited.
- Section 494 — Bond required from child.
- Section 495 — Appeal from orders under Section 491.
- Section 496 — Power to direct levy of amount due on certain recognizances.
Topic at a Glance
- Topic: Appeal from orders under Section 491
- BNSS Section: Section 495
- Nature: Statutory appellate remedy
- Orders covered: All orders passed under Section 491
- Order by Magistrate: Appeal to the Sessions Judge
- Order by Court of Session: Appeal to the Court to which an appeal lies from an order made by that Court
- Connected provision: Section 491
- Corresponding CrPC provision: Section 449
Quick Revision
- Section 495 of BNSS deals with appeals from orders passed under Section 491.
- All orders passed under Section 491 are appealable.
- An order made by a Magistrate is appealable to the Sessions Judge.
- An order made by a Court of Session is appealable to the court to which an appeal lies from an order made by that Court.
- Section 491 deals with forfeiture of bonds, while Section 495 provides the appellate remedy.
- Section 495 corresponds to Section 449 of the CrPC.
- The provision ensures that orders arising from bond forfeiture proceedings are subject to appellate scrutiny.
ALSO READ: Section 494 – Bond required from child
Conclusion
Section 495 of the BNSS provides a clear appellate mechanism against orders passed under Section 491 concerning forfeited bonds. It establishes the appropriate appellate forum according to the court that made the original order, thereby providing a statutory remedy against orders arising from bond-forfeiture proceedings.
