Section 450 BNSS: Withdrawal of cases by Judicial Magistrates

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 450 BNSS at a Glance

Section 450 BNSS deals with withdrawal of cases by Judicial Magistrates. It replaced Section 410 CrPC on 1 July 2024.

Section 450 BNSS Bare Act Text

(1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212 to any other Magistrate and may inquire into or try such cases himself.

Source: Section 450, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 450 BNSS in Simple Words

Section 450 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the withdrawal of cases by Judicial Magistrates. A Chief Judicial Magistrate may withdraw any case from, or recall any case made over to, a Magistrate subordinate to the Chief Judicial Magistrate. A Judicial Magistrate may recall any case made over by him under Section 212(2) BNSS to any other Magistrate.

When Section 450 BNSS Applies

  • Under Section 450(1) BNSS, any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him.
  • The Chief Judicial Magistrate may inquire into or try such a case himself.
  • The Chief Judicial Magistrate may instead refer the case for inquiry or trial to any other such Magistrate competent to inquire into or try the same.
  • Under Section 450(2) BNSS, any Judicial Magistrate may recall any case made over by him under Section 212(2) BNSS to any other Magistrate, and may inquire into or try the case himself.

Example of Section 450 BNSS

A Chief Judicial Magistrate made over a case against Dinesh to a subordinate Magistrate. Under Section 450 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Chief Judicial Magistrate may recall that case and may inquire into or try it, or may refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

When Section 450 BNSS Does Not Apply

  • Section 450(1) BNSS speaks of a Chief Judicial Magistrate and the Magistrates subordinate to him. It does not deal with a District Magistrate or Sub-divisional Magistrate, who are dealt with in Section 451 BNSS.
  • Section 450(2) BNSS speaks of a Judicial Magistrate recalling a case made over by him. It does not deal with a case made over by some other Magistrate.

Section 450 BNSS in the CrPC (Previous Law)

Section 450 BNSS replaced Section 410 CrPC from 1 July 2024.

Section 410 CrPC became Section 450 BNSS from 1 July 2024. The heading is the same. Section 410(1) CrPC is found in Section 450(1) BNSS with the same text. Section 450(2) BNSS refers to Section 212 BNSS where Section 410(2) CrPC referred to Section 192 CrPC.

Each sub-section below names its own source.

FAQs on Section 450 BNSS

Which Magistrate may withdraw a case under Section 450(1) BNSS?โ–ผ

Any Chief Judicial Magistrate. Section 450(1) BNSS says that the Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him.

What may the Chief Judicial Magistrate do with the case after withdrawing or recalling it?โ–ผ

Section 450(1) BNSS says that the Chief Judicial Magistrate may inquire into or try the case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

What may a Judicial Magistrate do under Section 450(2) BNSS?โ–ผ

Any Judicial Magistrate may recall any case made over by him under Section 212(2) BNSS to any other Magistrate, and may inquire into or try the case himself.

What changed from Section 410 CrPC to Section 450 BNSS from 1 July 2024?โ–ผ

Section 450 BNSS has the same heading as Section 410 CrPC, and Section 450(1) BNSS has the same text as Section 410(1) CrPC. Section 450(2) BNSS refers to Section 212 BNSS where Section 410(2) CrPC referred to Section 192 CrPC. Section 450(2) BNSS also reads try such cases where Section 410(2) CrPC read try such case.

Section 450 BNSS: Sub-sections Explained

Section 450(1) BNSS: Withdrawal of cases by Judicial Magistrate

โ–ถ

Bare Act Text

(1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

Previous Law

CrPC 410 โ†’ Section 450(1) BNSS

Section 450(2) BNSS: Withdrawal of cases by Judicial Magistrate

โ–ถ

Bare Act Text

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212 to any other Magistrate and may inquire into or try such cases himself.

Previous Law

CrPC 410(2) โ†’ Section 450(2) BNSS

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