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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XXXI

OF APPEALS

Appeal from order refusing to accept or rejecting a surety
1[406A. Any person aggrieved by an order refusing to accept or rejecting a surety under section 122 may appeal against such order,-
 
 
2[(a) if made by the Chief Metropolitan Magistrate 3[or the Chief Judicial Magistrate] or a District Magistrate, to the Court of Session;
 
 
(b) if made by a Metropolitan Magistrate other than the Chief Metropolitan Magistrate, to the Chief Metropolitan Magistrate; or
 
 
(c) if made by any other Magistrate, 4[whether Executive or Judicial,] to the District Magistrate 5[***] 6[or the Chief Judicial Magistrate.]

  • 1
    Section 406A was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)
  • 2
    Clauses (a), (b) and (c) were substituted, for clauses (b) and (c) by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)
  • 3
    The words “or the Chief Judicial Magistrate” after the words “Chief Metropolitan Magistrate” were substituted by section 79(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 4
    The words and comma “whether Executive or Judicial,” were inserted after the word and comma “Magistrate,” by section 79(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 5
    The full stop “.” after the words “District Magistrate” were omitted by section 79(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 6
    The words and full stop “or the Chief Judicial Magistrate.” were inserted by section 79(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
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