Section 211 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 211 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the transfer of a case when the accused objects to the Magistrate taking cognizance of the offence
📜 Text of Section 211
211. Transfer on application of accused
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. 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.(
⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 211 of the BNSS is analogous to Section 191 of the Cr.P.C., which similarly provides the accused the right to have the case transferred to another Magistrate if they object to the Magistrate taking cognizance of the offence. Both provisions ensure that the accused has an opportunity to seek a fair and impartial trial.
🧭 Practical Implications
Right to Transfer: The accused is informed of their right to have the case transferred to another Magistrate before any evidence is taken.
Objection to Proceedings: If the accused objects to the Magistrate taking cognizance, the case is transferred to another Magistrate specified by the Chief Judicial Magistrate.
Ensuring Fair Trial: This provision ensures that the accused has an opportunity to seek a fair and impartial trial by a different Magistrate.
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