Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 212
Code:
Section 212 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2020
Explanation:
This section deals with the transfer of cases between Magistrates. It outlines the power of a Chief Judicial Magistrate (CJM) to transfer a case for inquiry or trial to a subordinate Magistrate and the power of a First Class Judicial Magistrate to transfer cases to other designated Judicial Magistrates.
Illustration:
Consider a case involving a minor theft. The CJM takes cognizance of the offence.
- Scenario 1: The CJM deems the case to be suitable for a less complex trial and transfers it to a Judicial Magistrate of the Second Class for inquiry and trial.
- Scenario 2: A First Class Judicial Magistrate, empowered by the CJM, finds a case involving a serious offence more appropriate for a specialized court and transfers it to another First Class Judicial Magistrate designated for such cases.
Common Questions and Answers:
- Q: What is the basis for the CJM to transfer a case?
- A: The CJM can transfer a case based on factors such as the complexity of the case, the workload of the CJM, and the availability of appropriate expertise in the subordinate court.
- Q: Can a subordinate Magistrate refuse to accept a transferred case?
- A: No, a subordinate Magistrate is obligated to accept a case transferred by the CJM.
- Q: What happens to the case after transfer?
- A: The receiving Magistrate will conduct the inquiry or trial as per the provisions of the Code.
