Section 212 BNSS: Making Over of Cases to Magistrates
Section 212 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to make over a criminal case, after cognizance has been taken, to a competent Magistrate for inquiry or trial. The provision regulates how the Chief Judicial Magistrate, and in specified circumstances an empowered Magistrate of the first class, may assign a case to another competent Magistrate.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its provisions 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.
Text of Section 212 BNSS
212. Making over of cases to Magistrates.
(1) 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.
(2) 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.
Meaning and scope of Section 212
Section 212 is an allocation-of-business provision. It enables a case to be assigned, after cognizance, to a Magistrate who is legally competent to conduct the inquiry or trial. The provision therefore helps distribute judicial work within the Magistracy while preserving the requirement that the receiving Magistrate must have competence to deal with the case.
The expression "make over" in this context means assignment or transfer of the case for the purpose of inquiry or trial under the statutory authority conferred by Section 212. It does not by itself decide the merits of the allegations or the guilt of the accused.
Section 212(1): Power of the Chief Judicial Magistrate
Under sub-section (1), the Chief Judicial Magistrate may exercise the power after taking cognizance of an offence. The case may then be made over to any competent Magistrate subordinate to the Chief Judicial Magistrate for inquiry or trial.
- The Chief Judicial Magistrate must first take cognizance of the offence.
- The case may be made over for either inquiry or trial.
- The receiving Magistrate must be competent to deal with the case.
- The receiving Magistrate must be subordinate to the Chief Judicial Magistrate.
Section 212(2): Power of an empowered first-class Magistrate
Sub-section (2) extends a similar power to a Magistrate of the first class, but only where that Magistrate has been empowered for this purpose by the Chief Judicial Magistrate. After taking cognizance, the empowered Magistrate may make over the case to another competent Magistrate specified by the Chief Judicial Magistrate through a general or special order.
Once the case is validly made over under sub-section (2), the Magistrate to whom it is assigned may conduct the inquiry or trial.
Important expressions used in Section 212
| Expression | Practical meaning in Section 212 |
|---|---|
| Cognizance | The judicial act of taking notice of an offence for proceeding according to law. Section 212 operates after cognizance has been taken. |
| Inquiry | BNSS defines "inquiry" as every inquiry, other than a trial, conducted under the Sanhita by a Magistrate or Court. |
| Competent Magistrate | A Magistrate having the legal authority and jurisdiction required to conduct the relevant inquiry or trial. |
| General or special order | An order of the Chief Judicial Magistrate identifying the Magistrate or class of Magistrates to whom an empowered first-class Magistrate may make over cases under Section 212(2). |
Difference between Section 211 and Section 212 BNSS
Section 211 BNSS concerns transfer where a Magistrate has taken cognizance under Section 210(1)(c) and the accused objects to further proceedings before that Magistrate. Section 212, by contrast, concerns the administrative and judicial assignment of a case after cognizance to a competent subordinate Magistrate for inquiry or trial.
Related BNSS provisions
Section 212 forms part of Chapter XV of the BNSS, dealing with conditions requisite for initiation of proceedings. It should be read with Section 211, Section 213, and the provisions governing the powers, territorial jurisdiction and subordination of Judicial Magistrates.
Section 450 BNSS is also relevant in a later procedural context because it deals with withdrawal or recall of cases made over to subordinate Magistrates, including cases made over under Section 212(2).
Official legal sources
For the authoritative statutory text and implementation material, refer to the official resources maintained by the Government of India: Ministry of Home Affairs - New Criminal Laws and India Code.
This page is a general legal information resource. For a particular case, applicable jurisdictional orders and current court directions should also be checked.