(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.
Bharatiya Nagarik Suraksha Sanhita
Section 212
Making over of cases to Magistrates
Englishहिंदी
⚡ Quick Answer Reference: Section 212 BNSS
- Provision: Section 212 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- Jurisdiction: India
- Summary: A Chief Judicial Magistrate can transfer a case to another Magistrate for inquiry or trial after taking cognizance of an offence. This can also be done by a Magistrate of the first class with the permission of the Chief Judicial Magistrate.
Statutory Content
What does Section 212 of BNSS say?
Indian StandardSection 212, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 212 (India)
Court Pleading StandardSection 212 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/212
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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 212 of BNSS mean?
Plain English Explanation
A Chief Judicial Magistrate can transfer a case to another Magistrate for inquiry or trial after taking cognizance of an offence. This can also be done by a Magistrate of the first class with the permission of the Chief Judicial Magistrate.
Practical Interpretation
This section allows for the efficient distribution of cases among Magistrates, ensuring that cases are handled by the most suitable and available Magistrate. It also enables the Chief Judicial Magistrate to delegate tasks and manage the workload of subordinate Magistrates.
Core Legal Purpose
The core purpose of this section is to provide flexibility and efficiency in the handling of cases by Magistrates, while ensuring that cases are handled by competent and authorized personnel.
Key Legal Elements
- •The Chief Judicial Magistrate must take cognizance of the offence before making the transfer.
- •The Magistrate to whom the case is transferred must be competent and subordinate to the Chief Judicial Magistrate.
- •The Chief Judicial Magistrate must specify the Magistrate to whom the case is to be transferred, either by general or special order.
- •The case can only be transferred after the Chief Judicial Magistrate or the Magistrate of the first class has taken cognizance of the offence.
Practical Example
Practical Example of Section 212 BNSS
Rajesh, a Chief Judicial Magistrate, takes cognizance of a case involving a minor offence. He decides to transfer the case to his subordinate, Magistrate Priya, for inquiry. Rajesh makes a general order specifying that all minor cases are to be transferred to Magistrate Priya. Priya then holds the inquiry and makes a decision based on the evidence presented.
Common Questions (FAQ)
Frequently Asked Questions about Section 212 BNSS
Q: What is the punishment or consequence under Section 212 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 cases involving offences, which can be committed by both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not classify offences as bailable or cognizable. However, the classification of an offence as bailable or cognizable would depend on the specific offence and the relevant provisions of the BNSS or other laws.
People Also Ask (PAA)
Common Questions about Section 212 BNSS
What is Section 212 of BNSS?
Section 212 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Making over of cases to Magistrates". In plain terms: A Chief Judicial Magistrate can transfer a case to another Magistrate for inquiry or trial after taking cognizance of an offence. This can also be done by a Magistrate of the first class with the permission of the Chief Judicial Magistrate.
What is the punishment under Section 212 of BNSS?
Section 212 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 212 of BNSS bailable or non-bailable?
Whether Section 212 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 212 of BNSS?
The essential elements of Section 212 of BNSS are: The Chief Judicial Magistrate must take cognizance of the offence before making the transfer.; The Magistrate to whom the case is transferred must be competent and subordinate to the Chief Judicial Magistrate.; The Chief Judicial Magistrate must specify the Magistrate to whom the case is to be transferred, either by general or special order..
Landmark Case Laws
Landmark Judgments under Section 212 BNSS
Patnahcucisdb94 High Court (10 8)
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