Section 495 BNSS: Appeal from orders under section 491

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 495 BNSS at a Glance

Section 495 BNSS deals with appeal from orders under section 491. It replaced Section 449 CrPC on 1 July 2024.

Was CrPC

Section 495 BNSS Bare Act Text

495. Appeal from orders under section 446
Appeal from orders under section 491.
All orders passed under section 491 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.

Source: Section 495, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 495 BNSS in Simple Words

Section 495 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of appeals from orders passed under Section 491 BNSS, which is headed Procedure when bond has been forfeited. All orders passed under Section 491 BNSS shall be appealable.

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.

When Section 495 BNSS Applies

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.

Example of Section 495 BNSS

A Magistrate passes an order under Section 491 BNSS about the bond of Imran. Section 495 BNSS says that order is appealable to the Sessions Judge. A Court of Session passes an order under Section 491 BNSS about the bond of Seema. Section 495 BNSS says that order is appealable to the Court to which an appeal lies from an order made by that Court of Session.

When Section 495 BNSS Does Not Apply

Section 495 BNSS speaks of orders passed under Section 491 BNSS. It does not deal with appeals from convictions, which are the subject of Section 415 BNSS.
Section 495 BNSS speaks of orders passed under Section 491 BNSS. It does not deal with appeals in case of acquittal, which are the subject of Section 419 BNSS.

Section 495 BNSS in the CrPC (Previous Law)

Section 495 BNSS replaces Section 449 CrPC from the old criminal code.

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.

View CrPC Section 449 →

FAQs on Section 495 BNSS

Are orders passed under Section 491 BNSS appealable under Section 495 BNSS?▼

Yes. Section 495 BNSS says all orders passed under Section 491 BNSS shall be appealable.

To whom does an appeal lie from an order of a Magistrate under Section 495 BNSS?▼

Section 495 BNSS says an order made by a Magistrate is appealable to the Sessions Judge.

To whom does an appeal lie from an order of a Court of Session under Section 495 BNSS?▼

Section 495 BNSS says 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 changed from Section 449 CrPC to Section 495 BNSS from 1 July 2024?▼

Section 495 BNSS refers to Section 491 BNSS in the heading and in its opening words where Section 449 CrPC referred to Section 446 CrPC. The words on an order made by a Magistrate and on an order made by a Court of Session read the same.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·