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BNSS, 2023
Start Practicing
BNSSChapter XVSection 212
Section212

Making over of cases to Magistrates

AI Assist

Summary

After a Chief Judicial Magistrate takes cognizance of an offence, he or she may transfer the case for inquiry or trial to any competent subordinate Magistrate. A first-class Magistrate empowered by the Chief Judicial Magistrate may also make over cases to other competent Magistrates named by order. The Magistrate who receives the case will hold the inquiry or trial.

Example

Priya complains that her neighbour damaged her shop and the Chief Judicial Magistrate takes cognizance. The Chief Judicial Magistrate makes over the case to a competent subordinate Magistrate, and that Magistrate will now conduct the inquiry and trial.

Bare Act

Enacted text

(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.

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XV

Chapter XV

Conditions Requisite for Initiation of Proceedings

In this chapter

  • 210Cognizance of offences by Magistrate
  • 211Transfer on application of accused
  • 212Making over of cases to Magistrates
  • 213Cognizance of offences by Court of Session
  • 214Additional Sessions Judges to try cases made over to them
  • 215Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
  • 216Procedure for witnesses in case of threatening, etc
  • 217Prosecution for offences against State and for criminal conspiracy to commit such offence
  • 218Prosecution of Judges and Public servants
  • 219Prosecution for offences against marriage
  • 220Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023
  • 221Cognizance of offence
  • 222Prosecution for defamation
Previous · Section 211Transfer on application of accusedNext · Section 213Cognizance of offences by Court of Session