Section 414 BNSS: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour (Formerly Section 373 CrPC)

Section 414 of Bharatiya Nagarik Suraksha Sanhita, 2023: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 414

Section 414 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 373 of the CrPC, 1973) provides for a statutory appeal to the Court of Session against orders requiring security or refusing/rejecting sureties for keeping the peace or good behaviour.

Appeals Against Security Orders: Any person who has been ordered under Section 136 to give security for keeping the peace or for good behaviour may appeal to the Court of Session.
Appeals Against Rejection of Sureties: Any person aggrieved by an order refusing to accept or rejecting a surety under Section 140 may likewise appeal to the Court of Session.
Exception for CJM/CMM Orders: Does not apply where proceedings are laid before a Sessions Judge under Section 141.

Key Landmark Precedents:

Madhu Limaye v. SDM Monghyr, (1970) 3 SCC 746: The Supreme Court held that preventive security orders affect personal liberty; the appellate forum under Section 373 CrPC (Section 414 BNSS) must independently test the sufficiency of information justifying bonds.
Gopalan Achari v. State of Kerala, AIR 1981 SC 674: Emphasized that rejecting solvent sureties on arbitrary police verification reports is illegal and appealable.

Courtroom Practice & Strategic Litigation Guidance:

When an Executive Magistrate arbitrarily demands exorbitant security bonds or rejects respectable sureties in Section 126/129/140 proceedings, file an immediate appeal under Section 414 before the Sessions Judge.