Section 373 CrPC: Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
Code of Criminal Procedure, 1973
Section 373 CrPC at a Glance
Section 373 CrPC deals with appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. From 1 July 2024 it is replaced by Section 414 BNSS.
What Section 373 CrPC Says
373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
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.
Source: Section 373, Code of Criminal Procedure, 1973
Section 373 CrPC in Simple Words
Section 373 CrPC gives an appeal to the Court of Session. Any person who has been ordered under Section 117 CrPC to give security for keeping the peace or for good behaviour, or who is aggrieved by any order refusing to accept or rejecting a surety under Section 121 CrPC, may appeal against such order to the Court of Session.
When Section 373 CrPC Applies
- Any person who has been ordered under Section 117 CrPC to give security for keeping the peace or for good behaviour may appeal against such order to the Court of Session, under Section 373(i) CrPC.
- Any person who is aggrieved by any order refusing to accept or rejecting a surety under Section 121 CrPC may appeal against such order to the Court of Session, under Section 373(ii) CrPC.
Example of Section 373 CrPC
When Section 373 CrPC Does Not Apply
- Section 373 CrPC speaks of an appeal to the Court of Session against an order under Section 117 CrPC or Section 121 CrPC. It does not deal with persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of Section 122(2) CrPC or Section 122(4) CrPC.
- Section 373 CrPC speaks of an appeal against an order requiring security or rejecting a surety. It does not deal with appeals from convictions, which are the subject of Section 374 CrPC.
Section 373 CrPC Under BNSS 414: What Changed
Section 373 CrPC is now covered under Section 414 BNSS.
Section 414 BNSS has the same heading and the same text as Section 373 CrPC, except that Section 414 BNSS refers to Section 136 BNSS, Section 140 BNSS and Section 141 BNSS where Section 373 CrPC referred to Section 117 CrPC, Section 121 CrPC and Section 122 CrPC.
View detailed comparison (CrPC 373 vs BNSS 414) →FAQs on Section 373 CrPC
Who may appeal under Section 373 CrPC?▼
Any person who has been ordered under Section 117 CrPC to give security for keeping the peace or for good behaviour, or who is aggrieved by any order refusing to accept or rejecting a surety under Section 121 CrPC, may appeal against such order to the Court of Session.
To which Court does the appeal lie under Section 373 CrPC?▼
The appeal lies to the Court of Session.
Who is excluded from Section 373 CrPC?▼
Nothing in Section 373 CrPC applies to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of Section 122(2) CrPC or Section 122(4) CrPC.
Where is Section 373 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 373 CrPC has no sub-sections, and maps as a whole to Section 414 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·