Code of Criminal Procedure, 1973

Section 373

Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour

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⚡ Quick Answer Reference: Section 373 CrPC

Provision: Section 373 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India
Summary: This section allows a person to appeal against an order requiring them to give security for keeping the peace or good behaviour, or against an order refusing to accept or rejecting a surety.

Statutory Content

What does Section 373 of CrPC say?

Any person, who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or who is aggrieved by any order refusing to accept or rejecting a surety under section 121, 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 122.

Indian StandardSection 373, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 373 (India)

Court Pleading StandardSection 373 of the Code of Criminal Procedure, 1973

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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 373 of CrPC mean?

Plain English Explanation

This section allows a person to appeal against an order requiring them to give security for keeping the peace or good behaviour, or against an order refusing to accept or rejecting a surety.

Practical Interpretation

In practice, this section provides a legal remedy for individuals who are aggrieved by orders related to security or surety for maintaining peace or good behaviour, enabling them to challenge such decisions in the Court of Session.

Core Legal Purpose

The core purpose of this provision is to ensure that individuals have a fair and just process to appeal against orders that may infringe upon their rights or freedoms, particularly in relation to requirements for security or surety.

Key Legal Elements

•The person must have been ordered to give security under section 117 for keeping the peace or for good behaviour.
•The person must be aggrieved by an order refusing to accept or rejecting a surety under section 121.
•The key legal test is whether the order was properly made under the relevant sections of the Code of Criminal Procedure.
•The key exception is that this section does not apply to persons whose proceedings are laid before a Sessions Judge under specific sub-sections of section 122.

Practical Example

Practical Example of Section 373 CrPC

For instance, if Rajesh is ordered to give security for keeping the peace due to a dispute with his neighbour, and he feels the order is unjust, he can appeal against this order to the Court of Session under section 373. Similarly, if Priya's surety is rejected by the court, she can also appeal against this decision.

Common Questions (FAQ)

Frequently Asked Questions about Section 373 CrPC

Q: What is the punishment or consequence under Section 373 of CrPC?

This section is a procedural provision and does not prescribe a penal punishment. It outlines the appeal process for orders related to security or surety.

Q: Does this section apply to private individuals or public entities?

This section applies to any person who has been ordered to give security or is aggrieved by an order related to surety, which typically involves private individuals but can also apply to public entities or officials in specific circumstances.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with offences in the traditional sense but rather with procedural appeals against orders. Therefore, it does not classify an offence as bailable or cognizable.

Common Questions about Section 373 CrPC

What is Section 373 of CrPC?

Section 373 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour". In plain terms: This section allows a person to appeal against an order requiring them to give security for keeping the peace or good behaviour, or against an order refusing to accept or rejecting a surety.

What is the punishment under Section 373 of CrPC?

Section 373 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 373 of CrPC bailable or non-bailable?

Whether Section 373 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 373 of CrPC?

The essential elements of Section 373 of CrPC are: The person must have been ordered to give security under section 117 for keeping the peace or for good behaviour.; The person must be aggrieved by an order refusing to accept or rejecting a surety under section 121.; The key legal test is whether the order was properly made under the relevant sections of the Code of Criminal Procedure..

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