Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 497: Appeal from orders under section 446
All orders passed under section 493 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.
Brefe Detail
Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the appeal process for orders passed under section 493. It specifies that orders made by Magistrates can be appealed to the Sessions Judge, while those made by a Court of Session can be appealed to the appropriate higher court.
Question & Answers
Q1: Which orders are appealable under Section 497?
A1: All orders passed under section 493 are appealable.
Q2: To whom can a Magistrate's order be appealed?
A2: A Magistrate's order can be appealed to the Sessions Judge.
Q3: What is the process for appealing an order made by a Court of Session?
A3: An order made by a Court of Session can be appealed to the court to which an appeal lies from such an order.
Example
- Scenario 1: A Magistrate issues an order under section 493. The affected party can appeal this decision to the Sessions Judge for further review.
- Scenario 2: A Court of Session makes a ruling under section 493. The party dissatisfied with the order can appeal to the designated higher court that hears appeals from such decisions.
Summary
Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the appeal process for orders under section 493. It allows for appeals from Magistrate orders to the Sessions Judge and from Court of Session orders to the relevant higher court, ensuring a system of checks and balances in the judicial process.
