Chapter XXXII
Section 449 CrPC: Appeal from orders under section 446
New Law Update (2024)
Section 526 BNSS
TRIAL COURT
Punishment
Procedural – Appeals / Revision
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) in the case of an order made by a Magistrate, to the Sessions Judge;
(2) 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.
Important Sub-Sections Explained
Section 449(1)
This sub-section clarifies that if a Magistrate issues an order concerning bond forfeiture under Section 446 CrPC, the aggrieved party can appeal this decision directly to the Sessions Judge.
Section 449(2)
This sub-section stipulates that if a Court of Sessions passes an order under Section 446 CrPC, the appeal against such an order will lie to the next higher court that typically hears appeals from that specific Court of Sessions.