(1) Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court. (2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just. (3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.
Bharatiya Nagarik Suraksha Sanhita
Section 500
Appeal against orders under section 498 or section 499
Englishहिंदी
⚡ Quick Answer Reference: Section 500 BNSS
- Provision: Section 500 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: DISPOSAL OF PROPERTY
- Jurisdiction: India
- Summary: If a court or magistrate makes an order under sections 498 or 499, a person who is unhappy with the order can appeal to a higher court. The higher court can choose to pause the original order until the appeal is decided, or it can change, cancel, or make new orders.
Statutory Content
What does Section 500 of BNSS say?
Indian StandardSection 500, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 500 (India)
Court Pleading StandardSection 500 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/500
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 500 of BNSS mean?
Plain English Explanation
If a court or magistrate makes an order under sections 498 or 499, a person who is unhappy with the order can appeal to a higher court. The higher court can choose to pause the original order until the appeal is decided, or it can change, cancel, or make new orders.
Practical Interpretation
In real-life practice, this section means that if a person is unhappy with a court or magistrate's order, they can ask a higher court to review it. The higher court can then decide whether to keep the original order, change it, or cancel it.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for appealing orders made under sections 498 or 499, allowing for the review and potential modification of those orders by a higher court.
Key Legal Elements
- •Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499
- •The order must be made by a Court or Magistrate under section 498 or section 499
- •The Appellate Court may direct the order to be stayed pending disposal of the appeal
- •The Appellate Court may modify, alter or annul the order and make any further orders that may be just
Practical Example
Practical Example of Section 500 BNSS
Rajesh, a husband, is unhappy with a court order under section 498 that requires him to pay a large sum of money to his wife, Priya. Rajesh decides to appeal the order to a higher court. The higher court, after reviewing the case, decides to stay the original order until the appeal is decided. After hearing both sides, the higher court modifies the original order, reducing the amount of money Rajesh must pay to Priya.
Common Questions (FAQ)
Frequently Asked Questions about Section 500 BNSS
Q: What is the punishment or consequence under Section 500 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 aggrieved by an order made by a Court or Magistrate under section 498 or section 499, which can include both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 500 BNSS
What is Section 500 of BNSS?
Section 500 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeal against orders under section 498 or section 499". In plain terms: If a court or magistrate makes an order under sections 498 or 499, a person who is unhappy with the order can appeal to a higher court. The higher court can choose to pause the original order until the appeal is decided, or it can change, cancel, or make new orders.
What is the punishment under Section 500 of BNSS?
Section 500 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 500 of BNSS bailable or non-bailable?
Whether Section 500 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 500 of BNSS?
The essential elements of Section 500 of BNSS are: Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499; The order must be made by a Court or Magistrate under section 498 or section 499; The Appellate Court may direct the order to be stayed pending disposal of the appeal.
Landmark Case Laws
Landmark Judgments under Section 500 BNSS
Patnahcucisdb94 High Court (10 8)
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