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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXIII: Transfer Of Criminal Cases

Section 449 BNSS: Withdrawal of cases and appeals by Sessions Judges

Corresponding CrPC
Section 409 CrPC

Bare Act text

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.

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

A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal he has made over to, a Chief Judicial Magistrate subordinate to him. Before trial or hearing begins before an Additional Sessions Judge, he may also recall a case or appeal made over to that Judge. Further consequences are set out in the section.

Chapter XXXIII: Transfer Of Criminal Cases

  1. 446 Power of Supreme Court to transfer cases and appeals
  2. 447 Power of High Court to transfer cases and appeals
  3. 448 Power of Sessions Judge to transfer cases and appeals
  4. 449 Withdrawal of cases and appeals by Sessions Judges
  5. 450 Withdrawal of cases by Judicial Magistrates
  6. 451 Making over or withdrawal of cases by Executive Magistrates
  7. 452 Reasons to be recorded