Section 211 BNSS: Transfer on application of accused

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 211 BNSS at a Glance

Section 211 BNSS deals with transfer on application of accused. It replaced Section 191 CrPC on 1 July 2024.

Was CrPC

Section 191 →

Section 211 BNSS Bare Act Text

211. Transfer on application of the accused

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, and 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.

Source: Section 211, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 211 BNSS in Simple Words

Section 211 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when a Magistrate takes cognizance of an offence under Section 210(1)(c) BNSS. Before any evidence is taken, the accused shall be told that the accused is entitled to have the case inquired into or tried by another Magistrate.

If the accused objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred. Where there is more than one accused, an objection by any one of the accused has the same effect.

The transfer shall be to such other Magistrate as the Chief Judicial Magistrate may specify in this behalf.

When Section 211 BNSS Applies

  • Section 211 BNSS applies when a Magistrate takes cognizance of an offence under Section 210(1)(c) BNSS.
  • The accused shall 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.

Time Limits Under Section 211 BNSS

  • The accused shall be informed before any evidence is taken.Act text: “before any evidence is taken”

Example of Section 211 BNSS

A Magistrate takes cognizance of an offence against Rahul under Section 210(1)(c) BNSS. Before any evidence is taken, the accused Rahul is informed that Rahul is entitled to have the case inquired into or tried by another Magistrate. Rahul 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.

When Section 211 BNSS Does Not Apply

  • Section 211 BNSS speaks of cognizance taken under Section 210(1)(c) BNSS. It does not deal with cognizance taken under any other clause of Section 210(1) BNSS.
  • Section 211 BNSS speaks of a case transferred to a Magistrate specified by the Chief Judicial Magistrate. It does not deal with the making over of a case by a Chief Judicial Magistrate after taking cognizance, which Section 212 BNSS deals with.

Section 211 BNSS in the CrPC (Previous Law)

Section 211 BNSS replaces Section 191 CrPC from the old criminal code.

Section 191 CrPC is found in Section 211 BNSS from 1 July 2024. The heading of Section 211 BNSS reads Transfer on application of accused where the heading of Section 191 CrPC reads Transfer on application of the accused. Section 211 BNSS refers to Section 210 BNSS where Section 191 CrPC referred to Section 190 CrPC. The rest of the text is the same.

View CrPC Section 191 →

FAQs on Section 211 BNSS

When shall the accused be informed under Section 211 BNSS?▼

Before any evidence is taken, when a Magistrate takes cognizance of an offence under Section 210(1)(c) BNSS.

What happens if the accused objects under Section 211 BNSS?▼

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.

Who specifies the other Magistrate under Section 211 BNSS?▼

The Chief Judicial Magistrate.

What changed from Section 191 CrPC to Section 211 BNSS from 1 July 2024?▼

Section 211 BNSS has the same text as Section 191 CrPC, except that it refers to Section 210(1)(c) BNSS where Section 191 CrPC referred to Section 190(1)(c) CrPC. The heading of Section 211 BNSS reads Transfer on application of accused where the heading of Section 191 CrPC reads Transfer on application of the accused.

Have questions about Section 211 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·