Section 451 BNSS: Making Over or Withdrawal of Cases by Executive Magistrates
Section 451 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a District Magistrate or Sub-divisional Magistrate to make over certain proceedings to a subordinate Magistrate, or to withdraw or recall a matter and either dispose of it personally or send it to another Magistrate.
- The power is conferred on a District Magistrate or Sub-divisional Magistrate.
- A proceeding started before such Magistrate may be made over for disposal to a subordinate Magistrate.
- A case may be withdrawn or a matter previously made over may be recalled.
- After withdrawal or recall, the competent Magistrate may dispose of the proceeding or refer it to another Magistrate.
- Section 452 requires reasons to be recorded for an order made under Section 451.
Text of Section 451 BNSS
451. Making over or withdrawal of cases by Executive Magistrates.
Any District Magistrate or Sub-divisional Magistrate may-
(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;
(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.
What Section 451 means
Section 451 is an administrative and procedural transfer provision for Executive Magistrates. It enables a District Magistrate or Sub-divisional Magistrate to manage proceedings within the subordinate executive-magisterial structure instead of requiring every proceeding that begins before that Magistrate to remain before the same authority until final disposal.
The expression "make over" means assigning a proceeding that has already started before the District Magistrate or Sub-divisional Magistrate to a Magistrate who is subordinate to that authority for disposal. The provision also permits a matter to be withdrawn or recalled from a subordinate Magistrate.
Powers available under Section 451
1. Making over a proceeding
Under clause (a), a proceeding started before the District Magistrate or Sub-divisional Magistrate may be sent to a subordinate Magistrate for disposal. The statutory condition is that the recipient Magistrate must be subordinate to the Magistrate exercising the power.
2. Withdrawal or recall
Under clause (b), the District Magistrate or Sub-divisional Magistrate may withdraw a case from a subordinate Magistrate or recall a case that had earlier been made over by him.
3. Disposal after withdrawal or recall
Once the proceeding is withdrawn or recalled, the Magistrate exercising the Section 451 power may dispose of the proceeding himself or refer it for disposal to another Magistrate.
Reasons must be recorded under Section 452 BNSS
Section 451 should be read with Section 452 BNSS. Section 452 requires a Sessions Judge or Magistrate making an order under Sections 448, 449, 450 or 451 to record reasons for making the order. Accordingly, an order transferring, withdrawing or recalling a proceeding under Section 451 is not intended to be an unexplained administrative act; the reasons for the order must be recorded.
Section 451 BNSS and old Section 411 CrPC
Section 451 BNSS corresponds to Section 411 of the Code of Criminal Procedure, 1973, which dealt with making over or withdrawal of cases by Executive Magistrates. The subject and operative structure are substantially carried forward in the BNSS.
| Earlier provision | Current provision | Subject |
|---|---|---|
| Section 411, Code of Criminal Procedure, 1973 | Section 451, Bharatiya Nagarik Suraksha Sanhita, 2023 | Making over or withdrawal of cases by Executive Magistrates |
When did Section 451 BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 was enacted as Act 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNSS provisions came into force, subject to the exception specified in the commencement notification concerning the First Schedule entry linked to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Frequently asked questions
Who can exercise the power under Section 451 BNSS?
The section expressly authorises a District Magistrate or a Sub-divisional Magistrate.
Can a proceeding be transferred to any Magistrate?
Clause (a) refers to making over a proceeding to a Magistrate who is subordinate to the District Magistrate or Sub-divisional Magistrate exercising the power.
Can the Magistrate take back a case already transferred?
Yes. Clause (b) permits withdrawal of a case from, or recall of a case made over to, a subordinate Magistrate. The proceeding may then be disposed of by the competent Magistrate or referred to another Magistrate.
Are reasons required for an order under Section 451?
Yes. Section 452 BNSS requires reasons to be recorded for an order made under Section 451.