Section 495 BNSS: Appeal from Orders Under Section 491

Section 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a statutory right of appeal against every order passed under Section 491, which deals with the procedure when a bond has been forfeited. The appellate forum depends on whether the impugned order was made by a Magistrate or by a Court of Session.

Text of Section 495 BNSS

Meaning and Scope of Section 495

Section 495 creates the appellate remedy for orders made in proceedings under Section 491. Section 491 governs forfeiture of bonds under the BNSS and permits the competent court, after recording the grounds showing forfeiture, to call upon the person bound by the bond to pay the penalty or to show cause why it should not be paid.

Therefore, where a court passes an order under Section 491 concerning forfeiture, recovery or enforcement of the bond penalty, Section 495 identifies the forum before which that order can be challenged by way of appeal.

Where Is an Appeal Under Section 495 Filed?

1. Order Passed by a Magistrate

If the order under Section 491 is made by a Magistrate, the appeal lies to the Sessions Judge.

2. Order Passed by a Court of Session

If the order under Section 491 is made by a Court of Session, the appeal lies to the court to which an appeal ordinarily lies from an order made by that Court of Session.

What Does Section 491 Deal With?

Section 491 BNSS concerns the procedure to be followed when a bond is proved to have been forfeited. Broadly, the court must record the grounds of such proof and may require the person bound by the bond to pay the penalty or show sufficient cause against payment. The provision also deals with recovery of the penalty, possible remission of part of the penalty, the effect of death of a surety before forfeiture, and specified evidentiary consequences in proceedings against sureties.

Key Legal Effect of Section 495

The expression "all orders passed under section 491 shall be appealable" makes the appellate remedy an express statutory remedy for orders made under that provision. A person seeking to challenge such an order should therefore identify the court that made the order and approach the appellate forum specified in clauses (i) or (ii) of Section 495.

BNSS and the Earlier CrPC Provision

Section 495 BNSS corresponds in substance to Section 449 of the Code of Criminal Procedure, 1973, which provided an appeal from orders passed under former Section 446 CrPC. Under the BNSS framework, the bond-forfeiture procedure is contained in Section 491 and the connected appellate provision is Section 495.

Practical Points

Before filing an appeal, the appellant should carefully examine the Section 491 order, the recorded reasons for treating the bond as forfeited, the amount directed to be paid or recovered, any cause shown before the original court, and the correct appellate forum under Section 495. The procedural requirements governing filing, limitation, supporting documents and interim relief may depend on the facts of the case and the rules or practice applicable before the concerned court.

Related BNSS Provisions

Section 495 forms part of the connected statutory scheme dealing with bail, bonds, forfeiture and related consequences. Readers may also refer to the immediately surrounding provisions linked in the sidebar.

Official Legal Sources

For authoritative statutory text and commencement information, refer to the Government of India sources below:

India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)
Ministry of Home Affairs - Commencement Notification dated 23 February 2024

Disclaimer: This article is intended for general legal information. Court procedure and the appropriate remedy can depend on the facts, applicable rules and judicial orders in a particular matter.