CrPC 449 to BNSS 495: Appeal from orders under section 446
Section 449 CrPC (1973) replaced by Section 495 BNSS (2023)
CrPC 449 to BNSS 495 at a Glance
Section 449 CrPC (Appeal from orders under section 446) is now Section 495 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 449 to BNSS 495?
Section 495 BNSS refers to Section 491 BNSS where Section 449 CrPC referred to Section 446 CrPC, in the heading and in the opening words. The words on an order made by a Magistrate and on an order made by a Court of Session read the same. Section 449 CrPC has no sub-sections, and maps as a whole to Section 495 BNSS.
CrPC 449 vs BNSS 495: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 449 | 495 |
| Heading | Appeal from orders under section 446 | Appeal from orders under section 491 |
| Cross-references | s.446 | s.491 |
CrPC 449 and BNSS 495: Bare Act Text Side by Side
Section 449, CrPC 1973
Section 495, BNSS 2023
When It Applies: CrPC 449 vs BNSS 495
- Section 449 CrPC speaks of all orders passed under Section 446 CrPC.
- An order made by a Magistrate is appealable to the Sessions Judge.
- An order made by a Court of Session is appealable to the Court to which an appeal lies from an order made by such Court.
- Section 495 BNSS speaks of all orders passed under Section 491 BNSS.
- An order made by a Magistrate is appealable to the Sessions Judge.
- An order made by a Court of Session is appealable to the Court to which an appeal lies from an order made by such Court.
What CrPC 449 to BNSS 495 Means in Practice
FAQs: CrPC 449 to BNSS 495
Where is Section 449 CrPC found under the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
From 1 July 2024, Section 449 CrPC is found in Section 495 BNSS. Section 446 CrPC, which Section 449 CrPC names, is found in Section 491 BNSS.
Which cross-reference differs between Section 449 CrPC and Section 495 BNSS?▼
Section 495 BNSS reads Section 491 where Section 449 CrPC read Section 446, in the heading and in the opening words.
Do the words on appeals from a Magistrate and a Court of Session differ between Section 449 CrPC and Section 495 BNSS?▼
No. Both say an order made by a Magistrate is appealable to the Sessions Judge, and an order made by a Court of Session is appealable to the Court to which an appeal lies from an order made by such Court.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·