CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGSCentral

Section 212 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi

(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.

Summary

A Chief Judicial Magistrate can transfer a case to a subordinate competent Magistrate after taking cognizance.
A first-class Magistrate can transfer a case if they are specifically empowered to do so by the Chief Judicial Magistrate.
Transfers by a first-class Magistrate must follow the general or special orders issued by the Chief Judicial Magistrate.
The receiving Magistrate is authorized to conduct the inquiry or trial once the case is made over.

Practical examples

1The Chief Judicial Magistrate takes notice of a complex fraud case. He decides his schedule is too busy and officially hands the case over to a junior Magistrate in the same district to conduct the trial..

2A first class Magistrate is given special permission by his boss, the CJM. After he officially records a new case, he passes it to a different competent Magistrate to handle the daily proceedings..

FAQ

1. Who can transfer a case after taking cognizance?

A Chief Judicial Magistrate or a first-class Magistrate who has been specifically empowered by the Chief Judicial Magistrate.

2. Can any Magistrate receive a transferred case?

No, the case must be made over to a competent Magistrate.

3. What authority does a first-class Magistrate need to transfer a case?

They must be empowered in this behalf by the Chief Judicial Magistrate and follow their general or special orders.

4. What happens after a case is made over to a Magistrate?

The receiving Magistrate is authorized to hold the inquiry or trial.

Test yourself

Q1.Under Section 212 of The Bharatiya Nagarik Suraksha Sanhita, 2023, what is the power of a Chief Judicial Magistrate regarding cases?

Q2.According to Section 212 of the BNSS, 2023, when can a Magistrate of the first class make over a case to another Magistrate?

Q3.Under Section 212 of The Bharatiya Nagarik Suraksha Sanhita, 2023, when does the "making over" of a case happen?

Q4.What must the receiving Magistrate do once a case is made over to them under Section 212 of the Nagarik Suraksha Sanhita?

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