Section 449 BNSS: Withdrawal of cases and appeals by Sessions Judges
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 449 BNSS at a Glance
Section 449 BNSS deals with withdrawal of cases and appeals by Sessions Judges. It replaced Section 409 CrPC on 1 July 2024.
Section 449 BNSS Bare Act Text
(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.
Source: Section 449, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 449 BNSS in Simple Words
Section 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Withdrawal of cases and appeals by Sessions Judges. Under Section 449(1) BNSS, a Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
Under Section 449(2) BNSS, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge. Section 449(3) BNSS says what the Sessions Judge may do after withdrawing or recalling.
When Section 449 BNSS Applies
- Under Section 449(1) BNSS, a Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
- Under Section 449(1) BNSS, a Sessions Judge may recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
- Under Section 449(2) BNSS, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
- Where a Sessions Judge withdraws or recalls case or appeal under Section 449(1) BNSS or Section 449(2) BNSS, he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of the Sanhita to another Court for trial or hearing, as the case may be.
Time Limits Under Section 449 BNSS
- Under Section 449(2) BNSS, a Sessions Judge may recall a case or appeal at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge.Act text: “At any time before the trial of the case or the hearing of the appeal has commenced”
Example of Section 449 BNSS
When Section 449 BNSS Does Not Apply
- Section 449(1) BNSS speaks of a Sessions Judge withdrawing or recalling a case or appeal from a Chief Judicial Magistrate subordinate to him. It does not deal with the withdrawal of cases by Judicial Magistrates, which is found in Section 450 BNSS, Withdrawal of cases by Judicial Magistrates.
- Section 449 BNSS speaks of a Sessions Judge withdrawing or recalling a case or appeal. It does not deal with the transfer of a case from one Criminal Court to another Criminal Court in his sessions division, which is found in Section 448 BNSS, Power of Sessions Judge to transfer cases and appeals.
Section 449 BNSS in the CrPC (Previous Law)
Section 449 BNSS replaced Section 409 CrPC from 1 July 2024.
From 1 July 2024, Section 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 409 of the Code of Criminal Procedure, 1973 under the same heading, Withdrawal of cases and appeals by Sessions Judges. Section 449(1) BNSS does not name an Assistant Sessions Judge, where Section 409(1) CrPC named any Assistant Sessions Judge or Chief Judicial Magistrate. Section 449(3) BNSS reads Sanhita where Section 409(3) CrPC read Code. Section 449(2) BNSS has the same text as Section 409(2) CrPC.
Each sub-section below names its own source.
FAQs on Section 449 BNSS
From whom may a Sessions Judge withdraw or recall a case or appeal under Section 449(1) BNSS?▼
Under Section 449(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
When may a Sessions Judge recall a case or appeal made over to an Additional Sessions Judge under Section 449(2) BNSS?▼
Under Section 449(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
What may a Sessions Judge do after withdrawing or recalling a case or appeal under Section 449 BNSS?▼
Under Section 449(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where a Sessions Judge withdraws or recalls case or appeal under Section 449(1) BNSS or Section 449(2) BNSS, he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of the Sanhita to another Court for trial or hearing, as the case may be.
What changed from Section 409 CrPC to Section 449 BNSS from 1 July 2024?▼
From 1 July 2024, Section 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 409 of the Code of Criminal Procedure, 1973. Both have the same heading, Withdrawal of cases and appeals by Sessions Judges. Section 449(1) BNSS reads made over to a Chief Judicial Magistrate subordinate to him where Section 409(1) CrPC read made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him. Section 449(3) BNSS reads in accordance with the provisions of this Sanhita where Section 409(3) CrPC read in accordance with the provisions of this Code. Section 449(2) BNSS has the same text as Section 409(2) CrPC.
Section 449 BNSS: Sub-sections Explained
Section 449(1) BNSS: Withdrawal of cases and appeals by Session Judge
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Bare Act Text
(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
Section 449(2) BNSS: Withdrawal of cases and appeals by Session Judge
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Bare Act Text
(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
Section 449(3) BNSS: Withdrawal of cases and appeals by Session Judge
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Bare Act Text
(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·