Section 212 BNSS: Making over of cases to Magistrates

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 212 BNSS at a Glance

Section 212 BNSS deals with making over of cases to Magistrates. It replaced Section 192 CrPC on 1 July 2024.

Was CrPC

Section 192 →

Section 212 BNSS Bare Act Text

(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.

Source: Section 212, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 212 BNSS in Simple Words

Section 212 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the making over of cases to Magistrates.

Under Section 212(1) BNSS a Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

Under Section 212(2) BNSS a Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may do the same, to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify.

When Section 212 BNSS Applies

  • Under Section 212(1) BNSS any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
  • Under Section 212(2) BNSS any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify.
  • Thereupon such Magistrate may hold the inquiry or trial.

Example of Section 212 BNSS

Meera is a Chief Judicial Magistrate and has taken cognizance of an offence alleged against Rahul. Under Section 212(1) BNSS Meera may make over the case for inquiry or trial to any competent Magistrate subordinate to Meera.

When Section 212 BNSS Does Not Apply

  • Section 212 BNSS speaks of making over a case after taking cognizance of an offence. It does not deal with the transfer of a case to another Magistrate when the accused objects to further proceedings, which Section 211 BNSS deals with.
  • Section 212 BNSS speaks of making over a case to a competent Magistrate. It does not deal with the High Court deciding which of several Courts that have taken cognizance of the same offence ought to inquire into or try it, which Section 206 BNSS deals with.

Section 212 BNSS in the CrPC (Previous Law)

Section 212 BNSS replaced Section 192 CrPC from 1 July 2024.

Section 192 CrPC is found in Section 212 BNSS from 1 July 2024. Both have the same heading and the same text, in sub-sections numbered in the same way. The text has no cross-reference to another section.

Each sub-section below names its own source.

FAQs on Section 212 BNSS

Who may make over a case under Section 212 BNSS?▼

Under Section 212(1) BNSS, any Chief Judicial Magistrate. Under Section 212(2) BNSS, any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate.

To whom may a Chief Judicial Magistrate make over a case under Section 212(1) BNSS?▼

To any competent Magistrate subordinate to the Chief Judicial Magistrate, after taking cognizance of an offence.

To whom may a Magistrate of the first class make over a case under Section 212(2) BNSS?▼

To such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify.

What changed from Section 192 CrPC to Section 212 BNSS from 1 July 2024?▼

Section 212 BNSS has the same heading and the same text as Section 192 CrPC, in sub-sections numbered in the same way. The text has no cross-reference to another section.

Section 212 BNSS: Sub-sections Explained

Section 212(1) BNSS: Making over of cases to Magistrates

▶

Bare Act Text

(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

Previous Law

CrPC 192 → Section 212(1) BNSS

Section 212(2) BNSS: Making over of cases to Magistrates

▶

Bare Act Text

(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.

Previous Law

CrPC 192(2) → Section 212(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·