CrPC Section 373: Appeal Against Security and Surety Orders | BNSS Section 414
Section 373 of the Code of Criminal Procedure, 1973 (CrPC) provided an appeal to the Court of Session against certain orders requiring security for keeping the peace or good behaviour and orders rejecting or refusing a surety. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 414.
What does CrPC Section 373 provide?
Section 373 appears in Chapter XXIX (Appeals) of the CrPC. It permits specified persons to challenge preventive security orders before the Court of Session. It is not a general right to appeal every order passed during security proceedings.
Text of Section 373 of the CrPC, 1973
Any person,-
(i) who has been ordered under section 117 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 121,
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 122.
Who can file an appeal?
- Person ordered to furnish security: A person directed under CrPC Section 117 to provide security for keeping the peace or maintaining good behaviour.
- Person aggrieved by rejection of a surety: A person affected by an order refusing to accept or rejecting a surety under CrPC Section 121.
Appellate forum: The appeal lies to the Court of Session, subject to the statutory exception.
Meaning of the related provisions
Security for keeping the peace or good behaviour refers to a preventive bond or security requirement intended to address a risk of breach of peace or specified misconduct. It is distinct from punishment following conviction.
Surety means a person who undertakes responsibility under a bond for another person's compliance with its conditions. An authority may refuse or reject a proposed surety in accordance with the applicable statute.
CrPC Section 117 governed the order to give security after an inquiry; Section 121 dealt with the power to reject sureties; and Section 122(2) and (4) addressed certain proceedings concerning imprisonment for failure to give security. The proviso to Section 373 excludes persons whose proceedings are laid before a Sessions Judge under those specified subsections.
BNSS Section 414: Corresponding provision from 1 July 2024
Section 414 of the BNSS preserves the appeal remedy for security and surety orders, with references updated to the BNSS provisions. It is contained in Chapter XXXI (Appeals).
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.
Relevant section references
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Appeal against security or surety orders | Section 373 | Section 414 |
| Order to give security | Section 117 | Section 136 |
| Power to reject sureties | Section 121 | Section 140 |
| Specified proceedings before Sessions Judge | Section 122(2) and (4) | Section 141(2) and (4) |
How does an appeal work?
An aggrieved person ordinarily identifies the impugned order, obtains the necessary order copy, and presents an appeal before the competent Court of Session in accordance with the applicable procedural rules. Grounds may concern the statutory basis for requiring security, procedural irregularity, or the legality of refusing a proposed surety. Limitation, filing requirements, and any request for interim relief should be checked against the law and court rules applicable to the specific matter.
Official statutory references
- India Code - official central legislation repository (search for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023).
- Bureau of Police Research and Development - BNSS reference PDF.
- Government of Tripura Police - BNSS text and section comparison.
Frequently asked questions
What is the BNSS equivalent of CrPC Section 373?
Section 414 of the BNSS is the corresponding provision.
Which court hears an appeal against a security order?
For orders covered by CrPC Section 373 or BNSS Section 414, the appeal lies to the Court of Session, subject to the exception stated in the relevant section.
Can rejection of a surety be appealed?
Yes, where the rejection or refusal falls under CrPC Section 121 or BNSS Section 140 and the statutory requirements for appeal are satisfied.
Legal note: This article provides general statutory information, not advice on any particular case. Read the applicable statute, court rules, and judicial decisions before filing.