When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.
Bharatiya Nagarik Suraksha Sanhita
Section 211
Transfer on application of accused
Englishहिंदी
⚡ Quick Answer Reference: Section 211 BNSS
- Provision: Section 211 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- Jurisdiction: India
- Summary: When a Magistrate takes cognizance of a serious offence, the accused must be told they can ask for the case to be heard by another Magistrate. If the accused objects, the case will be transferred to another Magistrate chosen by the Chief Judicial Magistrate.
Statutory Content
What does Section 211 of BNSS say?
Indian StandardSection 211, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 211 (India)
Court Pleading StandardSection 211 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/211
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 211 of BNSS mean?
Plain English Explanation
When a Magistrate takes cognizance of a serious offence, the accused must be told they can ask for the case to be heard by another Magistrate. If the accused objects, the case will be transferred to another Magistrate chosen by the Chief Judicial Magistrate.
Practical Interpretation
In practice, this section means that the accused has the right to request a change of Magistrate if they feel they won't get a fair trial. The Magistrate must inform the accused of this right before any evidence is taken. If the accused objects, the case will be transferred to another Magistrate.
Core Legal Purpose
The core purpose of this section is to ensure that the accused has the right to a fair trial and can request a change of Magistrate if they feel they won't get a fair hearing.
Key Legal Elements
- •A Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210.
- •The accused must be informed of their right to have the case inquired into or tried by another Magistrate.
- •The accused or any of the accused (if there are multiple accused) must object to further proceedings before the Magistrate taking cognizance.
- •The case must be transferred to another Magistrate specified by the Chief Judicial Magistrate.
Practical Example
Practical Example of Section 211 BNSS
Rajesh is accused of a serious offence under clause (c) of sub-section (1) of section 210. The Magistrate takes cognizance of the offence and informs Rajesh of his right to have the case inquired into or tried by another Magistrate. Rajesh objects to further proceedings before the Magistrate taking cognizance. The Magistrate transfers the case to another Magistrate specified by the Chief Judicial Magistrate.
Common Questions (FAQ)
Frequently Asked Questions about Section 211 BNSS
Q: What is the punishment or consequence under Section 211 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the transfer of cases between Magistrates.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable. It is a procedural provision dealing with the transfer of cases between Magistrates.
People Also Ask (PAA)
Common Questions about Section 211 BNSS
What is Section 211 of BNSS?
Section 211 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Transfer on application of accused". In plain terms: When a Magistrate takes cognizance of a serious offence, the accused must be told they can ask for the case to be heard by another Magistrate. If the accused objects, the case will be transferred to another Magistrate chosen by the Chief Judicial Magistrate.
What is the punishment under Section 211 of BNSS?
Section 211 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 211 of BNSS bailable or non-bailable?
Whether Section 211 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 211 of BNSS?
The essential elements of Section 211 of BNSS are: A Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210.; The accused must be informed of their right to have the case inquired into or tried by another Magistrate.; The accused or any of the accused (if there are multiple accused) must object to further proceedings before the Magistrate taking cognizance..
Landmark Case Laws
Landmark Judgments under Section 211 BNSS
Patnahcucisdb94 High Court (10 8)
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