Chapter XXIX
Section 373 CrPC: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
New Law Update (2024)
Section 415 BNSS
TRIAL COURT
Punishment
Procedural – Appeals / Revision
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Any person who has been ordered under Section 117 to give security for keeping the peace or for good behaviour; or
(2) Any person 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.
Important Sub-Sections Explained
Sub-Section (1) and (2)
These sub-sections define the primary grounds for appealing to the Court of Session. Sub-section (1) allows anyone ordered to furnish security for peace or good behaviour under Section 117 to appeal, while sub-section (2) grants the right to appeal to persons aggrieved by an order refusing or rejecting a surety under Section 121.
Landmark Judgements
Smt. Manorama v. State of U.P. and Ors. (1993):
The Allahabad High Court clarified that an appeal under Section 373 CrPC lies only against a final order passed under Section 117, requiring security, and not against a preliminary order issued under Section 111.
Narayan Chandra Ghosh v. The State (1988):
The Calcutta High Court elaborated on the scope of the appellate powers of a Sessions Judge under Section 373 CrPC, emphasizing the judge’s role in reviewing the correctness and legality of the order requiring security or rejecting surety.