Appeal from orders under section 491
Section 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with appeal from orders under section 491. All orders passed under section 491 shall be appealable,--- (i) in the case of an order made by a Magistrate, to the Sessions Judge; The Act came into force on 01 Jul 2024.
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.
Section 495, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 449 Appeal from orders under section 446 Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mem Singh and Another vs State of U.p.
Decided under Code of Criminal Procedure 449, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where sureties have substantially complied with court orders by depositing a portion of the forfeited surety amount and subsequently expire during the pendency of an appeal challenging the forfeiture order, the court may exercise its discretionary power under Section 446(3) CrPC to remit the remaining portion of the penalty in the interest of justice, balancing the principles of procedural compliance with equitable considerations.
On this section: Section 449 provides the procedure for filing criminal appeals against orders of trial courts, which was the basis for filing this appeal against the surety forfeiture order.
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Shiv Dei vs State of Hp
Decided under Code of Criminal Procedure 449, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused released on bail files an exemption application citing compelling circumstances (such as natural calamity) and the bail conditions expressly reserve liberty to seek such exemption, the trial court cannot reject the application without proper reasoning, verification of facts, or consideration of the explanation provided. Failure to do so violates principles of natural justice and renders the subsequent bail cancellation and surety penalty orders unsustainable. A surety cannot be held liable for penalty when the accused has complied with the procedural requirement of seeking exemption through appropriate application.
On this section: Criminal appeal; Basis for filing the instant appeal against the trial court's order
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Raj Kumar& ANR. vs State
Decided under Code of Criminal Procedure 449, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a party seeks relief from a trial court order, the appropriate remedy is to file an appeal under Section 449 CrPC rather than a miscellaneous petition under Section 482 CrPC. The High Court may permit withdrawal of a miscellaneous petition with liberty to pursue the appropriate remedy.
On this section: Appeal against conviction or order by trial court; identified as appropriate remedy for petitioners
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 495
What have the courts held on Section 495 of the Bharatiya Nagarik Suraksha Sanhita?
Mem Singh and Another vs State of U.p. (13 Apr 2022) is the leading judgment on this section among those set out below, though it was decided under CRPC 449, which this section replaced -- the court never mentioned this Act: Section 449 provides the procedure for filing criminal appeals against orders of trial courts, which was the basis for filing this appeal against the surety forfeiture order. Another 2 judgments on this section are set out below. They run from 2018 to 2022.
How do I find court cases under Section 495 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 495, section 495 BNSS, section 495 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 495 and 503. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Mem Singh and Another vs State of U.p. (13 Apr 2022).
What should I read with Section 495 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 491 (Procedure when bond has been forfeited), so none of them can safely be read on its own. It carries forward CrPC 449 (Appeal from orders under section 446), so the judgments decided under that provision are the case law on this one.
When did Section 495 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 495 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 495, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.