Appeal from orders under section 446
Section 449 of the Code of Criminal Procedure, 1973 deals with appeal from orders under section 446. All orders passed under section 446 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
All orders passed under section 446 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 449, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 495 Appeal from orders under section 491 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 The repealed enactment still governs what happened while it was in force.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
Referred to by 1
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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Raj Kumar& ANR. vs State
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
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Mem Singh and Another vs State of U.p.
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
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
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 449
What have the courts held on Section 449 of the Code of Criminal Procedure?
Raj Kumar& ANR. vs State (29 Jan 2018) is the leading judgment on this section among those set out below: Appeal against conviction or order by trial court; identified as appropriate remedy for petitioners. Another 2 judgments on this section are set out below. They run from 2018 to 2022.
How do I find court cases under Section 449 of the Code of Criminal Procedure?
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: CRPC 449, section 449 CRPC, section 449 of the Code of Criminal Procedure. 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 Raj Kumar& ANR. vs State (29 Jan 2018).
What should I read with Section 449 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 446 (Procedure when bond has been forfeited), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 495 (Appeal from orders under section 491), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 449 of the Code of Criminal Procedure come into force?
Section 449 of the Code of Criminal Procedure, cited as CRPC 449, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.