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 T Sunil Kumar

Advocate T Sunil Kumar

Consumer Court, Cheque Bounce, Civil, Divorce, Domestic Violence, Family, High Court, Medical Negligence, Succession Certificate, Supreme Court, Recovery, Property, Criminal, Breach of Contract, Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Documentation, Child Custody, Landlord & Tenant, Insurance

Get Advice
Advocate Rohit Sharma

Advocate Rohit Sharma

Criminal, Family, Divorce, Domestic Violence, Anticipatory Bail, Court Marriage, Consumer Court, Cheque Bounce, Motor Accident, Civil, Child Custody

Get Advice
Advocate Ashish Panwar

Advocate Ashish Panwar

Anticipatory Bail, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, International Law, Motor Accident, NCLT, Patent, R.T.I, RERA, Supreme Court, Trademark & Copyright, Wills Trusts, Cheque Bounce, GST, Labour & Service, Property, Insurance

Get Advice
Advocate Sairamreddy

Advocate Sairamreddy

Criminal, Cyber Crime, Anticipatory Bail, Family, Divorce, Customs & Central Excise

Get Advice
Advocate Thimmarayappa

Advocate Thimmarayappa

Civil, High Court, Cheque Bounce, Revenue, Property, Motor Accident, Divorce, Domestic Violence, Criminal

Get Advice
Advocate Lalit Kumar

Advocate Lalit Kumar

Criminal, Divorce, Family, Anticipatory Bail, Civil, R.T.I, NCLT, Recovery

Get Advice
Advocate Ashish Kumar Gupta

Advocate Ashish Kumar Gupta

Civil,Court Marriage,Criminal,Divorce,Family,

Get Advice
Advocate R P Raju

Advocate R P Raju

Civil, Cyber Crime, Property, Criminal, Supreme Court

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.