Section 500 BNSS: Appeal against orders under section 498 or section 499

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 500 BNSS at a Glance

Section 500 BNSS deals with appeal against orders under section 498 or section 499. It replaced Section 454 CrPC on 1 July 2024.

Section 500 BNSS Bare Act Text

(1) Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.

Source: Section 500, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 500 BNSS in Simple Words

Section 500 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Appeal against orders under section 498 or section 499. Section 500(1) BNSS says that any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

Section 500(2) BNSS says that on such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just. Section 500(3) BNSS says that the powers referred to in Section 500(2) BNSS may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in Section 500(1) BNSS was made.

When Section 500 BNSS Applies

  • Under Section 500(1) BNSS, any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499 may appeal against it.
  • Under Section 500(1) BNSS, the appeal is to the Court to which appeals ordinarily lie from convictions by the former Court.
  • Under Section 500(2) BNSS, on such appeal the Appellate Court may direct the order to be stayed pending disposal of the appeal.
  • Under Section 500(2) BNSS, the Appellate Court may modify, alter or annul the order and make any further orders that may be just.
  • Under Section 500(3) BNSS, the powers in Section 500(2) BNSS may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in Section 500(1) BNSS was made.

Example of Section 500 BNSS

A Magistrate makes an order under Section 498 BNSS in a criminal case, and Priya is aggrieved by that order. Under Section 500(1) BNSS, Priya may appeal against the order to the Court to which appeals ordinarily lie from convictions by the former Court. Under Section 500(2) BNSS, on such appeal the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

When Section 500 BNSS Does Not Apply

  • Section 500 BNSS speaks of an appeal against orders under section 498 or section 499. It does not deal with an appeal from orders under section 491, which is the subject of Section 495 BNSS.
  • Section 500 BNSS speaks of an order made by a Court or Magistrate under section 498 or section 499. It does not deal with the power to restore possession of immovable property, which is the subject of Section 502 BNSS.

Section 500 BNSS in the CrPC (Previous Law)

Section 500 BNSS replaced Section 454 CrPC from 1 July 2024.

From 1 July 2024, Section 500 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 454 of the Code of Criminal Procedure, 1973. Section 500(1) BNSS reads a Court or Magistrate where Section 454(1) CrPC read a Court, and reads section 498 or section 499 where Section 454(1) CrPC read section 452 or section 453. Section 452 CrPC is found in Section 498 BNSS and Section 453 CrPC in Section 499 BNSS. Section 500(2) BNSS and Section 500(3) BNSS have the same words as Section 454(2) CrPC and Section 454(3) CrPC.

Each sub-section below names its own source.

FAQs on Section 500 BNSS

Who may appeal under Section 500 BNSS?โ–ผ

Under Section 500(1) BNSS, any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

What may the Appellate Court do under Section 500(2) BNSS?โ–ผ

Under Section 500(2) BNSS, on such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

Which other Courts may exercise the powers in Section 500(2) BNSS?โ–ผ

Under Section 500(3) BNSS, the powers referred to in Section 500(2) BNSS may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in Section 500(1) BNSS was made.

What changed from Section 454 CrPC to Section 500 BNSS from 1 July 2024?โ–ผ

From 1 July 2024, Section 500 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 454 of the Code of Criminal Procedure, 1973. Section 500(1) BNSS reads a Court or Magistrate where Section 454(1) CrPC read a Court, and reads section 498 or section 499 where Section 454(1) CrPC read section 452 or section 453. Section 452 CrPC is found in Section 498 BNSS and Section 453 CrPC in Section 499 BNSS. Section 500(2) BNSS and Section 500(3) BNSS have the same words as Section 454(2) CrPC and Section 454(3) CrPC.

Section 500 BNSS: Sub-sections Explained

Section 500(1) BNSS: Appeal against orders under section 452 or section 453

โ–ถ

Bare Act Text

(1) Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

Previous Law

CrPC 454 โ†’ Section 500(1) BNSS

Section 500(2) BNSS: Appeal against orders under section 452 or section 453

โ–ถ

Bare Act Text

(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

Previous Law

CrPC 454(2) โ†’ Section 500(2) BNSS

Section 500(3) BNSS: Appeal against orders under section 452 or section 453

โ–ถ

Bare Act Text

(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.

Previous Law

CrPC 454(3) โ†’ Section 500(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 22 Oct 2026 ยท