Law4u - Made in India

What Is BNSS Section 211?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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. 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.

Brief Detail

Section 211 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the accused the right to request the transfer of their case to another Magistrate. This applies when a Magistrate takes cognizance of an offence, ensuring that the accused is informed of their rights before evidence is presented. If an objection is raised, the Chief Judicial Magistrate will specify the new Magistrate to handle the case.

Question & Answers

Q1: What does Section 211 address?

A1: It addresses the transfer of a case on the application of the accused when a Magistrate takes cognizance of an offence.

Q2: What must the accused be informed of before evidence is taken?

A2: The accused must be informed that they are entitled to have the case inquired into or tried by another Magistrate.

Q3: What happens if the accused objects to proceedings before the current Magistrate?

A3: If the accused objects, the case shall be transferred to another Magistrate as specified by the Chief Judicial Magistrate.

Q4: Under what condition can the case be transferred?

A4: The case can be transferred if the accused or any of the accused objects to further proceedings before the current Magistrate.

Q5: Who specifies the new Magistrate to whom the case will be transferred?

A5: The Chief Judicial Magistrate specifies the new Magistrate.

Example

  • Scenario 1: An accused person learns they have the right to request a different Magistrate. They express their objection to the current Magistrate, prompting the Chief Judicial Magistrate to assign a new Magistrate for the case.
  • Scenario 2: If multiple accused individuals agree to have their case tried by another Magistrate, they collectively object, leading to a transfer directed by the Chief Judicial Magistrate.

Summary

Section 211 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ensures that accused individuals are aware of their right to request a transfer of their case to another Magistrate before evidence is presented, thus promoting fairness in legal proceedings.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Rohit Pati Tripathi

Advocate Rohit Pati Tripathi

Anticipatory Bail, Arbitration, Breach of Contract, Banking & Finance, Cheque Bounce, Civil, Child Custody, Consumer Court, Corporate, Court Marriage, Cyber Crime, Criminal, Customs & Central Excise, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Revenue, Wills Trusts, Tax, Armed Forces Tribunal, Bankruptcy & Insolvency

Get Advice
Advocate Sakshi

Advocate Sakshi

Cheque Bounce, Child Custody, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, Muslim Law, R.T.I

Get Advice
Advocate Alok N. Pandey

Advocate Alok N. Pandey

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Cyber Crime, Documentation, GST, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Property, R.T.I, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Manish Dhiman

Advocate Manish Dhiman

Cyber Crime, Criminal, R.T.I, Motor Accident, Civil

Get Advice
Advocate Deepam Popat

Advocate Deepam Popat

Civil, Criminal, Cheque Bounce, Motor Accident, Property, Divorce, Family, Anticipatory Bail, Consumer Court, Domestic Violence, Landlord & Tenant, Labour & Service, Supreme Court, Succession Certificate, High Court

Get Advice
Advocate Sudhir

Advocate Sudhir

Cheque Bounce, Consumer Court, Criminal, Family, Insurance, Recovery

Get Advice
Advocate Anu Verma

Advocate Anu Verma

Cheque Bounce, Civil, Recovery, Tax, Anticipatory Bail, Divorce, Criminal, Domestic Violence, Family

Get Advice
Advocate Mohammed Maqdoom Ali

Advocate Mohammed Maqdoom Ali

Domestic Violence, Divorce, High Court, Family, Property, Recovery, Child Custody, Civil, Anticipatory Bail, Muslim Law

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.