Bharatiya Nagarik Suraksha Sanhita

Section 449

Withdrawal of cases and appeals by Sessions Judges

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⚡ Quick Answer Reference: Section 449 BNSS

Provision: Section 449 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: TRANSFER OF CRIMINAL CASES
Jurisdiction: India
Summary: A Sessions Judge can withdraw or recall a case or appeal from another judge, including a Chief Judicial Magistrate or Additional Sessions Judge. This means they can take back a case or appeal that was previously assigned to someone else and either try it themselves or send it to another court.

Statutory Content

What does Section 449 of BNSS say?

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him. (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. (3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.

Indian StandardSection 449, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 449 (India)

Court Pleading StandardSection 449 of the Bharatiya Nagarik Suraksha Sanhita

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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 449 of BNSS mean?

Plain English Explanation

A Sessions Judge can withdraw or recall a case or appeal from another judge, including a Chief Judicial Magistrate or Additional Sessions Judge. This means they can take back a case or appeal that was previously assigned to someone else and either try it themselves or send it to another court.

Practical Interpretation

In real practice, this section allows Sessions Judges to manage their workload and ensure that cases are handled efficiently. They can withdraw or recall cases if they feel it's necessary, and then decide how to proceed with the case.

Core Legal Purpose

The core purpose of this section is to give Sessions Judges the flexibility to manage their workload and ensure that cases are handled fairly and efficiently. It allows them to withdraw or recall cases and appeals, and then decide how to proceed with the case.

Key Legal Elements

•A Sessions Judge must be the one withdrawing or recalling the case or appeal.
•The case or appeal must be one that was previously assigned to a Chief Judicial Magistrate or Additional Sessions Judge.
•The Sessions Judge must decide how to proceed with the case after withdrawing or recalling it.
•There is no specific limitation on when a Sessions Judge can withdraw or recall a case or appeal, but it must be done before the trial or hearing has commenced.

Practical Example

Practical Example of Section 449 BNSS

Rajesh, a Sessions Judge, assigns a case to Priya, a Chief Judicial Magistrate. However, Rajesh decides that he wants to handle the case himself. He can withdraw the case from Priya and try it in his own court. Alternatively, he can recall the case and send it to another court for trial.

Common Questions (FAQ)

Frequently Asked Questions about Section 449 BNSS

Q: What is the punishment or consequence under Section 449 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 public entities, specifically Sessions Judges and Chief Judicial Magistrates.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.

Common Questions about Section 449 BNSS

What is Section 449 of BNSS?

Section 449 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Withdrawal of cases and appeals by Sessions Judges". In plain terms: A Sessions Judge can withdraw or recall a case or appeal from another judge, including a Chief Judicial Magistrate or Additional Sessions Judge. This means they can take back a case or appeal that was previously assigned to someone else and either try it themselves or send it to another court.

What is the punishment under Section 449 of BNSS?

Section 449 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 449 of BNSS bailable or non-bailable?

Whether Section 449 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 449 of BNSS?

The essential elements of Section 449 of BNSS are: A Sessions Judge must be the one withdrawing or recalling the case or appeal.; The case or appeal must be one that was previously assigned to a Chief Judicial Magistrate or Additional Sessions Judge.; The Sessions Judge must decide how to proceed with the case after withdrawing or recalling it..

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