What Is BNSS Section 212?

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.