Section 495 BNSS: Appeal from orders under section 491 (Formerly Section 449 CrPC)

Section 495 of Bharatiya Nagarik Suraksha Sanhita, 2023: Appeal from orders under section 491

Official Bare Act Text

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

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.

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 495

Section 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 449 of the CrPC, 1973) provides for a statutory appeal against any order passed by a criminal court under Section 491 forfeiting a bond or levying penalty.

Right of Appeal Against Forfeiture: All orders passed under Section 491 by any Magistrate shall be appealable to the Sessions Judge.
Appeals from Court of Session: All orders passed under Section 491 by a Court of Session shall be appealable to the High Court.
Comprehensive Review of Penalty: The appellate court has full power to set aside the forfeiture, reduce the penalty, or remit the bond amount.

Key Landmark Precedents:

Ghulam Mehdi v. State of Rajasthan, (1976) 1 SCC 784: The Supreme Court authoritatively held that an order forfeiting a surety bond without issuing a show-cause notice under Section 446(1) CrPC is illegal and void, warranting reversal in appeal under Section 449 CrPC (Section 495 BNSS).
Mohd. Kunju v. State of Karnataka, (1999) 8 SCC 686: Held that the appellate court should liberally remit penalty amounts where the surety acted in good faith and subsequently helped trace the accused.

Courtroom Practice & Strategic Litigation Guidance:

In appeals against bond forfeiture under Section 495, establish lack of procedural show-cause notice, demonstrate that default was caused by hospitalization/accident of the accused, and pray for substantial remission of penalty under Section 491(3).