(1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same. (2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212 to any other Magistrate and may inquire into or try such cases himself.
Bharatiya Nagarik Suraksha Sanhita
Section 450
Withdrawal of cases by Judicial Magistrates
Englishहिंदी
⚡ Quick Answer Reference: Section 450 BNSS
- Provision: Section 450 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRANSFER OF CRIMINAL CASES
- Jurisdiction: India
- Summary: This section allows a Chief Judicial Magistrate to withdraw or recall cases from subordinate magistrates and either try them himself or assign to another competent magistrate.
Statutory Content
What does Section 450 of BNSS say?
Indian StandardSection 450, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 450 (India)
Court Pleading StandardSection 450 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/450
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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 450 of BNSS mean?
Plain English Explanation
This section allows a Chief Judicial Magistrate to withdraw or recall cases from subordinate magistrates and either try them himself or assign to another competent magistrate.
Practical Interpretation
In practice, this section enables judicial magistrates to oversee and manage case distribution among subordinate magistrates, ensuring efficient and appropriate handling of cases.
Core Legal Purpose
The core purpose is to provide judicial magistrates with the authority to manage and redistribute cases to ensure fairness, efficiency, and competence in the judicial process.
Key Legal Elements
- •The case must be pending before a magistrate subordinate to the Chief Judicial Magistrate.
- •The Chief Judicial Magistrate must have the authority to inquire into or try the case himself or refer it to another competent magistrate.
- •The key legal test is the competence of the magistrate to handle the case.
- •There is no explicit exception or limitation mentioned in this section.
Practical Example
Practical Example of Section 450 BNSS
For instance, if Rajesh, a Judicial Magistrate, has assigned a case to Amit, a subordinate magistrate, but later realizes the case requires more expertise, Rajesh can recall the case and either try it himself or assign it to Priya, another competent magistrate, to ensure a fair and efficient trial.
Common Questions (FAQ)
Frequently Asked Questions about Section 450 BNSS
Q: What is the punishment or consequence under Section 450 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 the relationship between judicial magistrates and their subordinate magistrates within the judicial system, not directly to private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, so it does not classify any acts as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 450 BNSS
What is Section 450 of BNSS?
Section 450 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Withdrawal of cases by Judicial Magistrates". In plain terms: This section allows a Chief Judicial Magistrate to withdraw or recall cases from subordinate magistrates and either try them himself or assign to another competent magistrate.
What is the punishment under Section 450 of BNSS?
Section 450 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 450 of BNSS bailable or non-bailable?
Whether Section 450 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 450 of BNSS?
The essential elements of Section 450 of BNSS are: The case must be pending before a magistrate subordinate to the Chief Judicial Magistrate.; The Chief Judicial Magistrate must have the authority to inquire into or try the case himself or refer it to another competent magistrate.; The key legal test is the competence of the magistrate to handle the case..
Landmark Case Laws
Landmark Judgments under Section 450 BNSS
Patnahcucisdb94 High Court (10 8)
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