Bharatiya Nagarik Suraksha Sanhita, 2023
Section 211 BNSS - Transfer on Application of Accused
Section 211 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects an accused where a Magistrate takes cognizance of an offence under Section 210(1)(c), that is, on information received from a person other than a police officer or on the Magistrate's own knowledge. Before any evidence is taken, the accused must be informed of the right to have the case inquired into or tried by another Magistrate.
Text of Section 211 BNSS
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, and 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.
Meaning and Scope of Section 211 BNSS
Section 211 is a procedural safeguard linked to Section 210 BNSS. It applies only where cognizance has been taken under Section 210(1)(c). Under that clause, a Magistrate may take cognizance upon information received from a person other than a police officer, or upon the Magistrate's own knowledge that an offence has been committed.
The provision is designed to ensure that an accused is not compelled to continue before the same Magistrate in a case in which the Magistrate has taken cognizance on such non-police information or personal knowledge. The right must be communicated before any evidence is taken.
In simple terms: if the Magistrate has taken cognizance under Section 210(1)(c), the accused must be told, before evidence begins, that the case can be placed before another Magistrate. If the accused objects to continuation before that Magistrate, transfer follows in accordance with Section 211.
When Does Section 211 Apply?
- A Magistrate must have taken cognizance under Section 210(1)(c) of the BNSS.
- The stage must be before any evidence is taken.
- The accused must be informed of the right to have the matter inquired into or tried by another Magistrate.
- If there is more than one accused, an objection by any of the accused to further proceedings before the same Magistrate is sufficient for the statutory transfer mechanism to operate.
- The transferee Magistrate is the Magistrate specified by the Chief Judicial Magistrate for this purpose.
Procedure for Transfer Under Section 211
1. Cognizance under Section 210(1)(c)
The provision is triggered only where cognizance is taken under clause (c) of Section 210(1). It does not apply merely because a criminal case is pending before a Magistrate.
2. Information to the accused before evidence
Before recording evidence, the Magistrate must inform the accused that the accused is entitled to have the case inquired into or tried by another Magistrate.
3. Objection by the accused
If the accused objects to further proceedings before the Magistrate who took cognizance, the matter is not to continue before that Magistrate under Section 211.
4. Transfer to another Magistrate
The case is transferred to another Magistrate specified by the Chief Judicial Magistrate. The provision therefore combines a statutory right of the accused with an administrative designation by the Chief Judicial Magistrate.
Why Section 211 Is Important
Section 211 supports procedural fairness at the threshold of an inquiry or trial. The safeguard is particularly relevant because Section 210(1)(c) permits cognizance without a police report and also covers cognizance based on a Magistrate's own knowledge. The provision therefore gives the accused an opportunity to have the proceedings conducted before a different Magistrate before evidence is recorded.
Practical point: the statutory right arises before evidence is taken. The timing is therefore significant when considering whether the accused was properly informed and whether any objection was made at the appropriate stage.
Official Legal Resources
For the authoritative text of the Bharatiya Nagarik Suraksha Sanhita, 2023 and current statutory information, refer to the official Government sources below:
The BNSS, 2023 came into force on July 1, 2024, subject to the notified exception relating to the entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.