(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 379, and, if it makes such complaint, the provisions of that section shall apply accordingly. (2) An order under this section, and subject to any such order, an order under section 379, shall be final, and shall not be subject to revision.
Bharatiya Nagarik Suraksha Sanhita
Section 380
Appeal
⚡ Quick Answer Reference: Section 380 BNSS
- Provision: Section 380 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- Jurisdiction: India
- Summary: This section allows a person to appeal if a court refuses their complaint or makes a complaint against them under section 379. The appeal goes to a higher court, which can then direct the complaint to be made or withdrawn.
What does Section 380 of BNSS say?
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What does Section 380 of BNSS mean?
Plain English Explanation
This section allows a person to appeal if a court refuses their complaint or makes a complaint against them under section 379. The appeal goes to a higher court, which can then direct the complaint to be made or withdrawn.
Practical Interpretation
In practice, this section provides a mechanism for individuals to challenge decisions made by lower courts regarding complaints under section 379, ensuring a higher court can review and potentially alter these decisions.
Core Legal Purpose
The core purpose is to provide an appellate remedy for individuals affected by decisions under section 379, ensuring fairness and oversight in the legal process.
- •A decision by a court other than a High Court under section 379
- •The decision must be either a refusal to make a complaint or the making of a complaint against an individual
- •The higher court's review is based on the notice to the parties concerned and the application of section 379 provisions
- •The appeal is limited to the court to which the former court is subordinate
Practical Example of Section 380 BNSS
Rajesh applies to a lower court for a complaint under section 379, but the court refuses. Rajesh can appeal to the higher court, which, after reviewing the case and noticing the parties, may direct the lower court to make the complaint. If the higher court decides in Rajesh's favor, the provisions of section 379 will apply accordingly.
Frequently Asked Questions about Section 380 BNSS
Q: What is the punishment or consequence under Section 380 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to any person whose application for a complaint under section 379 has been refused or against whom such a complaint has been made, without distinction between private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in the context of bailable or cognizable classifications; it pertains to the appeal process regarding complaints under section 379.
Common Questions about Section 380 BNSS
What is Section 380 of BNSS?
Section 380 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeal". In plain terms: This section allows a person to appeal if a court refuses their complaint or makes a complaint against them under section 379. The appeal goes to a higher court, which can then direct the complaint to be made or withdrawn.
What is the punishment under Section 380 of BNSS?
Section 380 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 380 of BNSS bailable or non-bailable?
Whether Section 380 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 380 of BNSS?
The essential elements of Section 380 of BNSS are: A decision by a court other than a High Court under section 379; The decision must be either a refusal to make a complaint or the making of a complaint against an individual; The higher court's review is based on the notice to the parties concerned and the application of section 379 provisions.
Landmark Judgments under Section 380 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 380
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