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.
Section 211 BNSS: Transfer on application of accused
- Corresponding CrPC
- Section 191 CrPC
Bare Act text
Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.
In simple words
Requires that when a Magistrate takes cognizance under section 210(1)(c), the accused be told before any evidence is taken that he may have the case inquired into or tried by another Magistrate. If the accused objects, the case is transferred to a Magistrate specified by the Chief Judicial Magistrate.
Chapter XV: Conditions Requisite For Initiation Of Proceedings
- 210 Cognizance of offences by Magistrate
- 211 Transfer on application of accused
- 212 Making over of cases to Magistrates
- 213 Cognizance of offences by Court of Session
- 214 Additional Sessions Judges to try cases made over to them
- 215 Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
- 216 Procedure for witnesses in case of threatening, etc
- 217 Prosecution for offences against State and for criminal conspiracy to commit such offence
- 218 Prosecution of Judges and public servants
- 219 Prosecution for offences against marriage
- 220 Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023
- 221 Cognizance of offence
- 222 Prosecution for defamation