Code of Criminal Procedure, 1973

Section 449

Appeal from orders under section 446

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⚡ Quick Answer Reference: Section 449 CrPC

Provision: Section 449 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India
Summary: This section makes orders under section 446 appealable to higher courts, specifically the Sessions Judge for orders by a Magistrate and the relevant appellate court for orders by a Court of Sessions.

Statutory Content

What does Section 449 of CrPC say?

All orders passed under section 446 shall be appealable, in the case of an order made by a Magistrate, to the Sessions Judge; in the case of an order made by a Court of Sessions, to the Court to which an appeal lies from an order made by such Court.

Indian StandardSection 449, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 449 (India)

Court Pleading StandardSection 449 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 Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 449 of CrPC mean?

Plain English Explanation

This section makes orders under section 446 appealable to higher courts, specifically the Sessions Judge for orders by a Magistrate and the relevant appellate court for orders by a Court of Sessions.

Practical Interpretation

In practice, this means that decisions made under section 446 can be challenged in a higher court, providing a mechanism for review and potential reversal of such orders.

Core Legal Purpose

The core purpose is to ensure that there is a pathway for appeal against orders that may be perceived as unjust or incorrect, thereby upholding the principles of justice and fairness.

Key Legal Elements

•The order must be made under section 446.
•The appeal must be filed with the appropriate court, either the Sessions Judge or the court to which an appeal lies from an order made by the Court of Sessions.
•The key legal test is whether the order was correctly made under section 446 and whether the appeal is filed in the correct court.
•There is no specific exception or limitation mentioned in this section, but the appeal process must follow the procedures outlined in the Code of Criminal Procedure.

Practical Example

Practical Example of Section 449 CrPC

For example, if a Magistrate makes an order under section 446 that affects Rajesh's business, Rajesh can appeal this order to the Sessions Judge. If the order was made by a Court of Sessions, the appeal would go to the High Court, providing a clear pathway for challenging decisions made under this section.

Common Questions (FAQ)

Frequently Asked Questions about Section 449 CrPC

Q: What is the punishment or consequence under Section 449 of CrPC?

This section is a procedural provision and does not prescribe a penal punishment. It outlines the appeal process for orders made under section 446.

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

This section applies to orders made under section 446, regardless of whether the parties involved are private individuals or public entities.

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

This section does not deal with offences or their bailability/cognizability. It is concerned with the appeal process for specific orders.

Common Questions about Section 449 CrPC

What is Section 449 of CrPC?

Section 449 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Appeal from orders under section 446". In plain terms: This section makes orders under section 446 appealable to higher courts, specifically the Sessions Judge for orders by a Magistrate and the relevant appellate court for orders by a Court of Sessions.

What is the punishment under Section 449 of CrPC?

Section 449 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 449 of CrPC bailable or non-bailable?

Whether Section 449 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 449 of CrPC?

The essential elements of Section 449 of CrPC are: The order must be made under section 446.; The appeal must be filed with the appropriate court, either the Sessions Judge or the court to which an appeal lies from an order made by the Court of Sessions.; The key legal test is whether the order was correctly made under section 446 and whether the appeal is filed in the correct court..

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