Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 212
Code:
(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 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 Magistrate as the Chief Judicial Magistrate may, by general or
special order, specify, and thereupon such Magistrate may hold the inquiry or trial.
Explanation:
(1) This section deals with the transfer of cases between Magistrates.
(2) 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.
