BNSS Section 211 — Transfer on application of accused

CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Criminal

Summary

If a Magistrate begins a case under a specific provision, the accused person must be told, before any evidence is presented, that they have the right to have the case heard by a different Magistrate. If the accused, or any one of them when there are multiple accused, objects to the case continuing before that Magistrate, the case must be sent to another Magistrate chosen by the Chief Judicial Magistrate.

Official Text

When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

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