Law4u - Made in India

What Is BNSS Section 212?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 212: Making Over of Cases to Magistrates

(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 Judicial 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 Judicial Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.

Brief Detail

Section 212 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the authority of Chief Judicial Magistrates and Judicial Magistrates of the first class to transfer cases for inquiry or trial. It allows a Chief Judicial Magistrate to assign cases to any subordinate competent Magistrate, while also enabling empowered Judicial Magistrates to transfer cases to other specified competent Judicial Magistrates.

Question & Answers

Q1: What does Section 212 address?

A1: It addresses the process of making over cases to Magistrates for inquiry or trial.

Q2: Who can make over a case after taking cognizance of an offence?

A2: Any Chief Judicial Magistrate and any empowered Judicial Magistrate of the first class can make over a case.

Q3: To whom can a Chief Judicial Magistrate transfer a case?

A3: A Chief Judicial Magistrate can transfer a case to any competent Magistrate subordinate to him.

Q4: What authority does a Judicial Magistrate of the first class have regarding case transfers?

A4: An empowered Judicial Magistrate of the first class can transfer a case to another competent Judicial Magistrate as specified by the Chief Judicial Magistrate.

Q5: What is required for a Judicial Magistrate to make over a case?

A5: The Judicial Magistrate must be empowered by the Chief Judicial Magistrate to do so.

Example

  • Scenario 1: A Chief Judicial Magistrate takes cognizance of a theft case and decides to transfer it to a subordinate Magistrate for trial.
  • Scenario 2: A Judicial Magistrate of the first class, empowered by the Chief Judicial Magistrate, takes cognizance of a domestic dispute case and makes it over to another specified Judicial Magistrate for inquiry.

Summary

Section 212 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the framework for transferring cases among Magistrates. It enables both Chief Judicial Magistrates and empowered Judicial Magistrates to ensure that cases are handled by appropriate and competent authorities, facilitating a more efficient judicial process.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Purendra Singh

Advocate Purendra Singh

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax

Get Advice
Advocate Avtar Singh

Advocate Avtar Singh

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, NCLT, Patent, Property, Recovery, RERA, Startup, Supreme Court, Tax, Trademark & Copyright

Get Advice
Advocate Akshay Thakur

Advocate Akshay Thakur

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,Labour & Service,Motor Accident,Wills Trusts,Revenue

Get Advice
Advocate Premnath Reddy Kanchi

Advocate Premnath Reddy Kanchi

Cheque Bounce,Banking & Finance,Anticipatory Bail,Motor Accident,Civil,Insurance,Property,

Get Advice
Advocate Areeb Sajid

Advocate Areeb Sajid

Civil, Consumer Court, Family, Muslim Law, Divorce, Landlord & Tenant, Motor Accident, Startup

Get Advice
Advocate Talari Mahesh

Advocate Talari Mahesh

Motor Accident, Anticipatory Bail, Civil, Divorce, Family, Domestic Violence, Succession Certificate, Revenue, Property, Cheque Bounce

Get Advice
Advocate Animesh Choukse

Advocate Animesh Choukse

Cheque Bounce, Court Marriage, Criminal, Property, Civil, Insurance, Divorce, Family, Motor Accident, High Court

Get Advice
Advocate Ritu Jambhavdekar

Advocate Ritu Jambhavdekar

Anticipatory Bail,Cheque Bounce,Consumer Court,Divorce,Domestic Violence,Family,High Court,Motor Accident,Succession Certificate,Wills Trusts,

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.