Section 449 CrPC: Appeal from orders under section 446

Code of Criminal Procedure, 1973

Section 449 CrPC at a Glance

Section 449 CrPC deals with appeal from orders under section 446. From 1 July 2024 it is replaced by Section 495 BNSS.

Now BNSS

What Section 449 CrPC Says

449. Appeal from orders under section 446
All orders passed under section 446 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 449, Code of Criminal Procedure, 1973

Section 449 CrPC in Simple Words

Section 449 of the Code of Criminal Procedure, 1973 speaks of appeals from orders passed under Section 446 CrPC, which is headed Procedure when bond has been forfeited. All orders passed under Section 446 CrPC 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 449 CrPC Applies

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.

Example of Section 449 CrPC

A Magistrate passes an order under Section 446 CrPC about the bond of Sunil. Section 449 CrPC says that order is appealable to the Sessions Judge. A Court of Session passes an order under Section 446 CrPC about the bond of Rekha. Section 449 CrPC says that order is appealable to the Court to which an appeal lies from an order made by that Court of Session.

When Section 449 CrPC Does Not Apply

Section 449 CrPC speaks of orders passed under Section 446 CrPC. It does not deal with appeals from convictions, which are the subject of Section 374 CrPC.
Section 449 CrPC speaks of orders passed under Section 446 CrPC. It does not deal with appeals in case of acquittal, which are the subject of Section 378 CrPC.

Section 449 CrPC Under BNSS 495: What Changed

Section 449 CrPC is now covered under Section 495 BNSS.

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 detailed comparison (CrPC 449 vs BNSS 495) →

FAQs on Section 449 CrPC

Are orders passed under Section 446 CrPC appealable under Section 449 CrPC?▼

Yes. Section 449 CrPC says all orders passed under Section 446 CrPC shall be appealable.

To whom does an appeal lie from an order of a Magistrate under Section 449 CrPC?▼

Section 449 CrPC 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 449 CrPC?▼

Section 449 CrPC 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.

Where is Section 449 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 449 CrPC has no sub-sections, and maps as a whole to Section 495 BNSS from 1 July 2024. Section 446 CrPC, which Section 449 CrPC names, is found in Section 491 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·