Transfer of Cases After Cognizance — Bharatiya Nagrik Suraksha Sanhita (BNSS) 2023

Quick summary

Under Chapter XVI (Cognizance of Offences by Magistrates), BNSS gives two clear pathways to move a case after cognizance:

1. a transfer triggered by the accused in a narrow situation (Section 211), and
2. an administrative “making over” by the Chief Judicial Magistrate (Section 212). India Code

The legal hooks you’ll rely on

1) Section 210 — what “cognizance” means here

A Magistrate may take cognizance (a) on a complaint (including by an authorised person), (b) on a police report (including electronic mode), or (c) on information from any person other than a police officer or on the Magistrate’s own knowledge. Clause (c) is important for the transfer right below. The Law Advice

2) Section 211 — Transfer on application of the accused (right-based transfer)

If a Magistrate has taken cognizance under Section 210(1)(c) (i.e., on non-police information or own knowledge), then before any evidence is taken the accused must be informed that they’re entitled to have the case inquired into or tried by another Magistrate. If any one of multiple accused objects, the case shall be transferred to another Magistrate specified by the Chief Judicial Magistrate. (Mandatory on objection; no reasons required.) Indian Kanoonlatestlaws.com

3) Section 212 — Making over of cases to Magistrates (administrative transfer)

After taking cognizance, the Chief Judicial Magistrate (CJM) may make over the case for inquiry or trial to any competent subordinate Magistrate. Many primers also note that a first-class Magistrate empowered by the CJM can make over matters per general/special orders (mirroring CrPC §192 practice). latestlaws.comThe LawGist

How the two transfers differ (at a glance)

• Who triggers it?
• • §211: the accused (right-based; only when cognizance is under §210(1)(c)).
• • §212: the CJM (or empowered Magistrate) for case management. Indian Kanoonlatestlaws.com
• When?
• • §211: before evidence is taken; the court must first inform the accused of this right.
• • §212: after cognizance; anytime for efficient distribution. Indian Kanoonlatestlaws.com
• Is it optional?
• • §211: Not optional—if any accused objects, transfer shall occur.
• • §212: Discretionary—administrative “making over.” Indian Kanoonlatestlaws.com
• Re-examination after transfer?
• BNSS clarifies related complaint-stage logistics: if the first Magistrate has already examined the complainant/witnesses, the transferee need not re-examine merely because of the §212 transfer. (See the provisos around §223/complaint procedure.) Ministry of Home AffairsManupatra Academy

Practical workflow & drafting cues

Using Section 211 (accused-triggered)

1. Stage check: Was cognizance taken under §210(1)(c)? If yes, proceed. The Law Advice
2. Court’s duty: The Magistrate informs the accused of the transfer right before evidence. Indian Kanoon
3. Objection: Any accused objects to further proceedings before the same Magistrate.
4. Order: The CJM specifies the transferee Magistrate; the case moves. Indian Kanoon

Common use-cases: Perceived prejudice when cognizance is on the Magistrate’s knowledge or third-party information; ensuring impartiality at the very start of evidence. Indian Kanoon

Using Section 212 (CJM making-over)

1. CJM has taken cognizance.
2. CJM assigns to a competent subordinate Magistrate (workload balancing, territorial convenience, specialisation). Some commentaries note empowered first-class Magistrates can also make over per CJM’s orders. latestlaws.comThe LawGist

Good practice: Record reasons narrowly (docket balance, availability, competence); ensure no prejudice to parties. (For broader transfers beyond Magistrates—e.g., High Court powers under §447 or Supreme Court under §446—use those separate routes.) TaxTMISupreme Court Observer

Relationship with new BNSS safeguards at pre-cognizance

BNSS introduced a prior-notice/hearing safeguard before taking cognizance on private complaints (now discussed under §223 by several courts and commentaries). This happens before the §210/§211/§212 stage and can affect timelines for any “after cognizance” transfer. LexologyCourt Book

Examples

• Example A (Section 211 applies):
• The Magistrate takes cognizance under §210(1)(c) on credible third-party information. Before evidence, the accused objects to proceedings before that Magistrate. The CJM must transfer the case to another Magistrate. Indian Kanoon
• Example B (Section 212 applies):
• The CJM takes cognizance on a police report but makes over the matter to a specialised traffic Magistrate due to caseload and subject-matter familiarity. No fresh examination is required merely because of the §212 transfer. latestlaws.comMinistry of Home Affairs

FAQs

Q1. Can I ask for a §211 transfer if cognizance was on a police report?

No. §211 is tied to §210(1)(c) only; for other scenarios, consider §212 (administrative) or higher-court transfer provisions. Indian Kanoonlatestlaws.com

Q2. What if there are multiple accused and only one objects?

One objection is enough—the law says “the accused or any of the accused.” Indian Kanoon

Q3. Is the Magistrate required to give reasons under §211?

No. Once a valid objection is raised under §211, transfer is mandatory and the CJM specifies the transferee Magistrate. Indian Kanoon