peace or good behavior.—Any person, — (i) who has been ordered under section 136 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 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.
Bharatiya Nagarik Suraksha Sanhita
Section 414
Appeal from orders requiring security or refusal to accept or rejecting surety for keeping
⚡ Quick Answer Reference: Section 414 BNSS
- Provision: Section 414 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: If you've been ordered to give security for keeping the peace or for good behavior, or if your surety has been refused or rejected, you can appeal to the Court of Session. However, this right to appeal doesn't apply if your case is being heard by a Sessions Judge.
What does Section 414 of BNSS say?
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What does Section 414 of BNSS mean?
Plain English Explanation
If you've been ordered to give security for keeping the peace or for good behavior, or if your surety has been refused or rejected, you can appeal to the Court of Session. However, this right to appeal doesn't apply if your case is being heard by a Sessions Judge.
Practical Interpretation
In real-life practice, this section means that individuals who have been ordered to provide security or have had their surety rejected can challenge this decision in a higher court. The Court of Session will review the order and make a final decision.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for individuals to challenge orders requiring security or the rejection of surety, ensuring that their rights are protected and that the decision-making process is fair and just.
- •A person has been ordered under section 136 to give security for keeping the peace or for good behavior.
- •A person is aggrieved by any order refusing to accept or rejecting a surety under section 140.
- •The order is not being heard by a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141.
- •The appeal is made to the Court of Session.
Practical Example of Section 414 BNSS
Rajesh, a resident of Mumbai, has been ordered to give security for keeping the peace under section 136. He is unhappy with the decision and wants to appeal. However, his case is being heard by a Sessions Judge, so he cannot appeal to the Court of Session. On the other hand, Priya, a resident of Delhi, has had her surety rejected under section 140. She can appeal to the Court of Session to challenge the decision.
Frequently Asked Questions about Section 414 BNSS
Q: What is the punishment or consequence under Section 414 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 private individuals who have been ordered to give security or have had their surety rejected.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 414 BNSS
What is Section 414 of BNSS?
Section 414 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeal from orders requiring security or refusal to accept or rejecting surety for keeping". In plain terms: If you've been ordered to give security for keeping the peace or for good behavior, or if your surety has been refused or rejected, you can appeal to the Court of Session. However, this right to appeal doesn't apply if your case is being heard by a Sessions Judge.
What is the punishment under Section 414 of BNSS?
Section 414 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 414 of BNSS bailable or non-bailable?
Whether Section 414 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 414 of BNSS?
The essential elements of Section 414 of BNSS are: A person has been ordered under section 136 to give security for keeping the peace or for good behavior.; A person is aggrieved by any order refusing to accept or rejecting a surety under section 140.; The order is not being heard by a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141..
Landmark Judgments under Section 414 BNSS
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Sections commonly cited alongside Section 414
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