Section 454 CrPC: Appeal against orders under section 452 or section 453

Code of Criminal Procedure, 1973

Section 454 CrPC at a Glance

Section 454 CrPC deals with appeal against orders under section 452 or section 453. From 1 July 2024 it is replaced by Section 500 BNSS.

Now BNSS

Section 500 →

What Section 454 CrPC Says

454. Appeal against orders under section 452 or section 453

(1) Any person aggrieved by an order made by a Court under section 452 or section 453, 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 454, Code of Criminal Procedure, 1973

Section 454 CrPC in Simple Words

Section 454 of the Code of Criminal Procedure, 1973 is headed Appeal against orders under section 452 or section 453. Section 454(1) CrPC says that any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

Section 454(2) CrPC 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 454(3) CrPC says that the powers referred to in Section 454(2) CrPC 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 454(1) CrPC was made.

When Section 454 CrPC Applies

  • Under Section 454(1) CrPC, any person aggrieved by an order made by a Court under section 452 or section 453 may appeal against it.
  • Under Section 454(1) CrPC, the appeal is to the Court to which appeals ordinarily lie from convictions by the former Court.
  • Under Section 454(2) CrPC, on such appeal the Appellate Court may direct the order to be stayed pending disposal of the appeal.
  • Under Section 454(2) CrPC, the Appellate Court may modify, alter or annul the order and make any further orders that may be just.
  • Under Section 454(3) CrPC, the powers in Section 454(2) CrPC 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 454(1) CrPC was made.

Example of Section 454 CrPC

A Court makes an order under Section 452 CrPC in a criminal case, and Ramesh is aggrieved by that order. Under Section 454(1) CrPC, Ramesh may appeal against the order to the Court to which appeals ordinarily lie from convictions by the former Court. Under Section 454(2) CrPC, 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 454 CrPC Does Not Apply

  • Section 454 CrPC speaks of an appeal against orders under section 452 or section 453. It does not deal with an appeal from orders under section 446, which is the subject of Section 449 CrPC.
  • Section 454 CrPC speaks of an order made by a Court under section 452 or section 453. It does not deal with the power to restore possession of immovable property, which is the subject of Section 456 CrPC.

Section 454 CrPC Under BNSS 500: What Changed

Section 454 CrPC is now covered under Section 500 BNSS.

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.

View detailed comparison (CrPC 454 vs BNSS 500) →

FAQs on Section 454 CrPC

Who may appeal under Section 454 CrPC?▼

Under Section 454(1) CrPC, any person aggrieved by an order made by a Court under section 452 or section 453, 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 454(2) CrPC?▼

Under Section 454(2) CrPC, 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 454(2) CrPC?▼

Under Section 454(3) CrPC, the powers referred to in Section 454(2) CrPC 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 454(1) CrPC was made.

Where is Section 454 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 454(1) CrPC is found in Section 500(1) BNSS, Section 454(2) CrPC in Section 500(2) BNSS and Section 454(3) CrPC in Section 500(3) BNSS. Section 452 CrPC is found in Section 498 BNSS, Section 453 CrPC in Section 499 BNSS, Section 449 CrPC in Section 495 BNSS and Section 456 CrPC in Section 502 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·