Section 449 BNSS: Withdrawal of Cases and Appeals by Sessions Judges

Updated: 12 September 2026

Section 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the power of a Sessions Judge to withdraw or recall certain criminal cases and appeals that have been made over to subordinate courts or to an Additional Sessions Judge. The provision forms part of Chapter XXXIII of the BNSS, which contains provisions relating to transfer of criminal cases.

The BNSS is Act No. 46 of 2023 and, except for the specifically deferred entry relating to section 106(2) of the Bharatiya Nyaya Sanhita in the First Schedule, came into force on 1 July 2024. Section 449 should therefore be read with the surrounding transfer provisions, especially Section 448 BNSS, Section 450 BNSS, and Section 452 BNSS regarding recording of reasons.

Text of Section 449 BNSS

Statutory provision

449. Withdrawal of cases and appeals by Sessions Judges.

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.

Meaning and Scope of Section 449

1. Power regarding matters made over to a Chief Judicial Magistrate

Under sub-section (1), a Sessions Judge may withdraw a case or appeal from a Chief Judicial Magistrate subordinate to him, or recall a case or appeal that the Sessions Judge had previously made over to that Chief Judicial Magistrate. The provision is concerned with the administrative and judicial control of the Sessions Judge over matters distributed within the sessions division.

2. Recall from an Additional Sessions Judge is time-limited

Sub-section (2) contains an express timing restriction. A case or appeal made over to an Additional Sessions Judge may be recalled by the Sessions Judge only before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge. Once that stage has begun, the recall power under Section 449(2) is not available in the terms of this provision.

3. What happens after withdrawal or recall

After a case or appeal is withdrawn or recalled under sub-section (1) or (2), sub-section (3) gives the Sessions Judge alternatives. The Sessions Judge may try the case in his own Court, hear the appeal himself, or make the matter over to another competent Court in accordance with the BNSS.

Key Points to Remember

  • Section 449 deals with withdrawal or recall of cases and appeals by a Sessions Judge.
  • Sub-section (1) applies to a case or appeal made over to a subordinate Chief Judicial Magistrate.
  • Sub-section (2) applies to a matter made over to an Additional Sessions Judge and permits recall only before trial or appeal hearing has commenced there.
  • After withdrawal or recall, the Sessions Judge may retain the matter or assign it to another competent Court under the BNSS.
  • Section 452 BNSS separately requires reasons to be recorded for an order made under Sections 448, 449, 450 or 451.

Section 449 BNSS and Section 409 CrPC

Section 449 BNSS broadly corresponds to Section 409 of the Code of Criminal Procedure, 1973 (CrPC). The structure and core power remain substantially similar, but the wording of sub-section (1) is not identical.

Point Section 449 BNSS Section 409 CrPC
Subject Withdrawal of cases and appeals by Sessions Judges Withdrawal of cases and appeals by Sessions Judge
Sub-section (1) Refers to a Chief Judicial Magistrate subordinate to the Sessions Judge. Also referred to an Assistant Sessions Judge in addition to the Chief Judicial Magistrate.
Additional Sessions Judge Recall permitted before trial or appeal hearing has commenced. Same basic timing condition.
After recall Sessions Judge may retain or make over the matter according to the BNSS. Sessions Judge could retain or make over the matter according to the CrPC.
Practical note: Section 449 should not be read in isolation. Section 448 concerns transfer by a Sessions Judge, while Section 452 requires reasons to be recorded for orders made under Sections 448 to 451. The exact procedural route depends on the nature and stage of the proceeding.

Related BNSS Provisions

For a complete understanding of the statutory scheme, also see Section 446: Power of Supreme Court to transfer cases and appeals, Section 447: Power of High Court to transfer cases and appeals, Section 448: Power of Sessions Judge to transfer cases and appeals, and Section 450: Withdrawal of cases by Judicial Magistrates.

Official Sources

The official text and current statutory status can be checked on India Code - Bharatiya Nagarik Suraksha Sanhita, 2023. The commencement notification dated 23 February 2024 is available from the Ministry of Home Affairs.

Disclaimer: This article is intended for general legal information. Court procedure may depend on the facts of a case, applicable rules, judicial directions and later amendments or judgments.