All orders passed under section 491 shall be appealable,— (i) in the case of an order made by a Magistrate, to the Sessions Judge; (ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court.
Bharatiya Nagarik Suraksha Sanhita
Section 495
Appeal from orders under section 491
Englishहिंदी
⚡ Quick Answer Reference: Section 495 BNSS
- Provision: Section 495 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO BAIL AND BONDS
- Jurisdiction: India
- Summary: This section explains that orders made under section 491 can be appealed to higher courts. If a Magistrate made the order, it can be appealed to the Sessions Judge. If a Court of Session made the order, it can be appealed to the court that normally hears appeals from that Court.
Statutory Content
What does Section 495 of BNSS say?
Indian StandardSection 495, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 495 (India)
Court Pleading StandardSection 495 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/495
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 495 of BNSS mean?
Plain English Explanation
This section explains that orders made under section 491 can be appealed to higher courts. If a Magistrate made the order, it can be appealed to the Sessions Judge. If a Court of Session made the order, it can be appealed to the court that normally hears appeals from that Court.
Practical Interpretation
In practical terms, this section means that individuals who are unhappy with orders made under section 491 can seek higher court review. This is an important right that ensures justice is served and that lower court decisions can be reviewed and corrected if necessary.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for appealing orders made under section 491. This ensures that individuals have access to justice and that lower court decisions can be reviewed and corrected if necessary.
Key Legal Elements
- •Orders made under section 491 are subject to appeal.
- •The appeal must be made to the correct higher court.
- •The correct higher court is determined by the type of court that made the original order.
- •There is no exception or limitation to the appeal process under this section.
Practical Example
Practical Example of Section 495 BNSS
Rajesh, a resident of Mumbai, was issued an order under section 491 by a Magistrate. The order required Rajesh to vacate his premises within 30 days. Rajesh was unhappy with the order and decided to appeal to the Sessions Judge. The Sessions Judge had the authority to review the order and make a new decision. In this scenario, section 495 of the BNSS applies because Rajesh is appealing an order made by a Magistrate.
Common Questions (FAQ)
Frequently Asked Questions about Section 495 BNSS
Q: What is the punishment or consequence under Section 495 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It only outlines the process for appealing orders made under section 491.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. It provides a mechanism for appealing orders made under section 491, regardless of the status of the individual or entity involved.
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.
People Also Ask (PAA)
Common Questions about Section 495 BNSS
What is Section 495 of BNSS?
Section 495 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeal from orders under section 491". In plain terms: This section explains that orders made under section 491 can be appealed to higher courts. If a Magistrate made the order, it can be appealed to the Sessions Judge. If a Court of Session made the order, it can be appealed to the court that normally hears appeals from that Court.
What is the punishment under Section 495 of BNSS?
Section 495 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 495 of BNSS bailable or non-bailable?
Whether Section 495 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 495 of BNSS?
The essential elements of Section 495 of BNSS are: Orders made under section 491 are subject to appeal.; The appeal must be made to the correct higher court.; The correct higher court is determined by the type of court that made the original order..
Landmark Case Laws
Landmark Judgments under Section 495 BNSS
Patnahcucisdb94 High Court (10 8)
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