Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 380
Code: Section 380(1) and (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation
This section deals with the appeal process for decisions made by a court regarding complaints under Section 379 of the BNSS. Section 379 pertains to the making of complaints by a court in certain situations, such as when a person is alleged to have committed an offense that requires immediate action.
Section 380(1) outlines the following:
- If a court (other than a High Court) refuses to make a complaint under Section 379, or if a complaint is made against a person by such a court, the person can appeal to the higher court.
- The higher court, after giving notice to all involved parties, can either direct the withdrawal of the complaint or, if necessary, make the complaint itself.
- If the higher court decides to make the complaint, the provisions of Section 379 apply.
Section 380(2) states that the orders made under this section, as well as the orders made under Section 379, are final and cannot be reviewed.
Illustration
Imagine a situation where a local court refuses to file a complaint against a person accused of endangering public safety. The accused person can appeal this decision to the higher court, which can then review the case and decide whether to direct the lower court to file the complaint or to file the complaint itself.
Common Questions and Answers
Q1. What is the purpose of Section 380?
This section provides a mechanism for appealing decisions made by lower courts regarding complaints under Section 379, ensuring that the accused person has the opportunity to challenge the decision of the lower court.
Q2. Can a High Court be appealed against under this section?
No, this section specifically excludes High Courts. Appeals against High Court decisions regarding complaints under Section 379 would follow different legal procedures.
Q3. What is the finality of the orders under this section?
Orders made under Section 380, along with orders under Section 379, are considered final and cannot be subject to revision or appeal. This means that the decision made by the higher court is binding and cannot be challenged again.
