Section 212 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 212 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Making Over of Cases to Magistrates
📜 Text of Section 212
212. Making over of cases to Magistrates
Chief Judicial Magistrate's Authority: Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
Magistrate of the First Class's Authority: Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.
⚖️ Legal Context and Purpose
Section 212 of the BNSS, 2023, mirrors Section 192 of the Code of Criminal Procedure (CrPC), 1973. It empowers judicial officers to delegate cases to other competent Magistrates to ensure efficient administration of justice. This provision facilitates the distribution of caseloads, allowing for timely hearings and reducing delays in the judicial process. By enabling the transfer of cases, it ensures that cases are handled by appropriate judicial authorities, promoting a more organized and effective legal system.
🧭 Illustrative Example
Scenario: A Chief Judicial Magistrate (CJM) in Delhi takes cognizance of a theft case.
Application of Section 212:
Transfer to Subordinate Magistrate: The CJM may transfer the case to a competent Magistrate subordinate to him, such as a Magistrate in a district court, for further inquiry or trial.
Empowered Magistrate's Role: Alternatively, if a Magistrate of the first class is empowered by the CJM, that Magistrate can transfer the case to another competent Magistrate specified by the CJM, who will then proceed with the inquiry or trial.
This process ensures that cases are managed effectively, preventing any single Magistrate from becoming overwhelmed and ensuring timely justice for the parties involved.
📌 Conclusion
Section 212 of the BNSS, 2023, plays a crucial role in the judicial process by providing a mechanism for the transfer of cases among Magistrates. This provision enhances the efficiency of the legal system, ensuring that cases are handled promptly and by the appropriate judicial authority. By facilitating the delegation of cases, it contributes to a more organized and effective administration of justice.
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