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CrPC · Chapter XXXI · Transfer of criminal cases

CrPC section 411 in the BNSS

CrPC 411BNSS 451

CrPC section 411, “Making over or withdrawal of cases by Executive Magistrates”, is now BNSS section 451 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 411 to BNSS 451

The words are the same as in the CrPC, apart from “Sanhita” for the Act’s own name and the new numbers of the sections it refers to.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 411 Making over or withdrawal of cases by Executive Magistrates

Any District Magistrate or Sub- Divisional Magistrate may—

(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;

(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 451 Making over or withdrawal of cases by Executive Magistrates

Any District Magistrate or Sub-divisional Magistrate may—

(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;

(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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