Section 414 BNSS: Appeal from Orders Requiring Security or Refusing or Rejecting Surety
Section 414 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a specific right of appeal to the Court of Session against certain orders relating to security for keeping the peace or for good behaviour and against refusal to accept or rejection of a surety.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024. Pending matters may remain governed by the Code of Criminal Procedure, 1973 where the saving provision in Section 531 BNSS applies.
Text of Section 414 BNSS
414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.
Any person,-
(i) who has been ordered under section 136 to give security for keeping the peace or for good behaviour; or
(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 140, 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 141.
What Section 414 BNSS means
Section 414 is an appellate safeguard within Chapter XXXI of the BNSS. It permits a person affected by specified preventive-security orders to seek review by the Court of Session instead of treating the Magistrate's order as final.
The section covers two principal situations. First, a person who has been directed under Section 136 BNSS to furnish security for keeping the peace or for good behaviour may appeal. Second, a person aggrieved by an order under Section 140 BNSS refusing to accept or rejecting a surety may appeal.
Related provisions: Sections 136, 140 and 141 BNSS
Section 136 - Order to give security
Section 136 operates in proceedings concerning security for keeping the peace or for good behaviour. Where the statutory requirements are satisfied after inquiry, the Magistrate may make an order requiring the person concerned to give security in the manner contemplated by the BNSS. Section 414 gives an appellate remedy against an order made under Section 136.
Section 140 - Power to reject sureties
Section 140 empowers a Magistrate to refuse to accept a proposed surety, or to reject a surety already accepted, when the surety is found unfit for the purposes of the bond. The provision requires an inquiry and recording of reasons before such a decision is made. A person aggrieved by that refusal or rejection may invoke Section 414.
Section 141 - Imprisonment in default of security
Section 141 deals with consequences where required security is not furnished. In certain cases, proceedings are required to be laid before the Sessions Judge. The proviso to Section 414 excludes persons whose proceedings are already before the Sessions Judge under Section 141(2) or Section 141(4), because the Sessions Judge is then dealing with the matter under that statutory mechanism.
Who can file an appeal under Section 414?
- A person ordered under Section 136 to furnish security for keeping the peace.
- A person ordered under Section 136 to furnish security for good behaviour.
- A person aggrieved by an order under Section 140 refusing to accept a surety.
- A person aggrieved by an order under Section 140 rejecting a surety already accepted.
Which court hears the appeal?
The appeal lies to the Court of Session. Section 414 itself identifies the appellate forum. The appeal should therefore challenge the particular order made under Section 136 or Section 140 and set out the legal and factual grounds on which interference is sought.
Exception: when Section 414 does not apply
The statutory proviso is important. Section 414 does not apply where proceedings against the person have been laid before a Sessions Judge under Section 141(2) or Section 141(4). In such situations, the Sessions Judge is already seized of the security proceedings under Section 141.
Key point: Before filing an appeal under Section 414, identify whether the challenged order is an order under Section 136 or Section 140 and check whether the matter has already reached the Sessions Judge under Section 141(2) or 141(4).
Section 414 BNSS at a glance
| Issue | Position under Section 414 |
|---|---|
| Nature of provision | Statutory right of appeal |
| Order under Section 136 | Appealable where security is ordered for keeping the peace or for good behaviour |
| Order under Section 140 | Appealable where a surety is refused or rejected |
| Appellate court | Court of Session |
| Statutory exception | Does not apply where proceedings are laid before the Sessions Judge under Section 141(2) or Section 141(4) |
Relation to the earlier Code of Criminal Procedure
Section 414 BNSS broadly corresponds to Section 373 of the Code of Criminal Procedure, 1973, which provided an appeal from orders requiring security or refusing to accept or rejecting a surety. For proceedings that were already pending when the BNSS commenced, the applicable procedural law should be checked with reference to the repeal and savings provision in Section 531 BNSS.
Practical points for an appeal
- Obtain the complete order passed under Section 136 or Section 140.
- Identify the findings, evidence and reasons recorded by the Magistrate.
- State why the statutory conditions for demanding security or rejecting the surety were not satisfied, if that is the case.
- Where Section 140 is involved, examine whether the required inquiry, notice and reasons were provided.
- Check whether the proceedings have already been laid before a Sessions Judge under Section 141(2) or Section 141(4).
- Comply with the applicable procedural and limitation requirements for presenting the appeal before the competent Court of Session.
Frequently asked questions
Can every security order be appealed under Section 414?
No. Section 414 specifically refers to a person ordered under Section 136 to give security and to a person aggrieved by refusal to accept or rejection of a surety under Section 140. The proviso also creates an express exception for proceedings placed before the Sessions Judge under Section 141(2) or Section 141(4).
Is the appeal filed before the High Court?
No. Section 414 expressly provides that the appeal lies to the Court of Session.
Does Section 414 apply to proceedings governed by the old CrPC?
Not automatically. The BNSS commenced on 1 July 2024, but Section 531 contains repeal and savings rules for pending proceedings. The applicable procedural law should therefore be determined from the facts and stage of the particular case.
Official legal source
For the authoritative text of the Bharatiya Nagarik Suraksha Sanhita, 2023, refer to the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
This article is intended for general legal information. Court practice, limitation and procedural requirements may depend on the facts of the case and applicable rules.