CrPC Section 222
Section 222 CrPC: Transfer of Cases from Magistrate to another Magistrate
Text of Section 222 (Simplified)
If a Magistrate is conducting a trial but finds that he cannot act for some reason (such as bias, illness, or any other valid reason), he may transfer the case to another Magistrate who has jurisdiction to try the case.
The transfer is done with the permission of the Sessions Judge or the Chief Judicial Magistrate.
The new Magistrate will then continue the trial from the stage it was transferred.
Detailed Explanation
1. When is Section 222 applicable?
When a Magistrate, who is conducting a trial, cannot act in the case.
The inability to act could be due to:
Personal bias or conflict of interest.
Illness or absence.
Any other reason which makes it improper or impossible for the Magistrate to proceed.
2. Who authorizes the transfer?
The Magistrate cannot transfer the case on his own.
The transfer must be approved by:
The Sessions Judge, or
The Chief Judicial Magistrate of the district.
3. Who can the case be transferred to?
To another Magistrate who is competent to try the case.
The new Magistrate must have jurisdiction over the area where the case is being tried.
4. What happens after transfer?
The new Magistrate takes charge of the case and continues the trial from the stage at which it was transferred.
There is no need to start the trial afresh unless ordered.
5. Purpose of Section 222
To ensure a fair and impartial trial.
To avoid situations where a Magistrate’s inability to act might delay justice.
To maintain the smooth functioning of the judicial process.
Summary
Section 222 deals with the transfer of a trial from one Magistrate to another.
It happens when the original Magistrate cannot proceed for valid reasons.
The transfer must be authorized by the Sessions Judge or Chief Judicial Magistrate.
The new Magistrate continues the trial from the transferred stage.
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