Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 380: Appeal
(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 379, and, if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an order under section 379, shall be final, and shall not be subject to revision.
Brief Detail
Section 380 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the appeal process for individuals who have faced a refusal to file a complaint in lower courts or against whom a complaint has been filed. It allows them to appeal to a superior court, which can either withdraw the complaint or direct the filing of a new complaint. Any orders issued under this section are final and cannot be revised.
Question & Answers
What is the purpose of Section 380?
Section 380 provides a mechanism for appealing decisions made by courts other than High Courts regarding complaints.
Who can file an appeal under this section?
Any person whose application for a complaint has been refused or against whom a complaint has been made by a lower court can file an appeal.
To which court can an appeal be made?
Appeals can be made to the court that is subordinate to the court which made the original decision.
What can the superior court do upon receiving an appeal?
The superior court may withdraw the existing complaint or direct the making of a complaint as per section 379.
Are the orders made under this section subject to revision?
No, the orders under this section are final and not subject to revision.
Example
- A person applies to a lower court to make a complaint, but the court refuses. The person can then appeal to the subordinate court to challenge this refusal.
- If the subordinate court finds merit in the appeal, it may withdraw the complaint or direct the original court to file a new complaint under the provisions of section 379.
Summary
Section 380 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the right to appeal for individuals facing refusal of complaint filings or who are subject to complaints in lower courts. It specifies the process for appealing to a superior court, which has the authority to withdraw or direct the filing of complaints, with the orders being final and not subject to revision.
