Section 451 BNSS: Making over or withdrawal of cases by Executive Magistrates
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 451 BNSS at a Glance
Section 451 BNSS deals with making over or withdrawal of cases by Executive Magistrates. It replaced Section 411 CrPC on 1 July 2024.
Section 451 BNSS Bare Act Text
451. Making over or withdrawal of cases by Executive Magistrates
Any District Magistrate or Sub-divisional Magistrate may—
(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;
(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.
Source: Section 451, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 451 BNSS in Simple Words
Section 451 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists what any District Magistrate or Sub-divisional Magistrate may do.
The District Magistrate or Sub-divisional Magistrate may make over, for disposal, any proceeding which has been started before him to a Magistrate subordinate to him.
The District Magistrate or Sub-divisional Magistrate may also withdraw any case from, or recall any case made over to, a subordinate Magistrate, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.
When Section 451 BNSS Applies
- Under Section 451(a) BNSS, any District Magistrate or Sub-divisional Magistrate may make over, for disposal, any proceeding which has been started before him to any Magistrate subordinate to him.
- Under Section 451(b) BNSS, the District Magistrate or Sub-divisional Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him.
- After withdrawing or recalling the case, the District Magistrate or Sub-divisional Magistrate may dispose of such proceeding himself or refer it for disposal to any other Magistrate.
Example of Section 451 BNSS
When Section 451 BNSS Does Not Apply
- Section 451 BNSS speaks of a District Magistrate or Sub-divisional Magistrate. It does not deal with a Chief Judicial Magistrate withdrawing a case from a Magistrate subordinate to him, which is dealt with in Section 450 BNSS.
Section 451 BNSS in the CrPC (Previous Law)
Section 451 BNSS replaces Section 411 CrPC from the old criminal code.
Section 411 CrPC became Section 451 BNSS from 1 July 2024. The heading is the same. Clauses a and b of Section 451 BNSS have the same text as clauses a and b of Section 411 CrPC.
View CrPC Section 411 →FAQs on Section 451 BNSS
Which Magistrates may make over proceedings under Section 451 BNSS?▼
Any District Magistrate or Sub-divisional Magistrate may make over, for disposal, any proceeding which has been started before him to any Magistrate subordinate to him.
May a case that was made over be recalled under Section 451 BNSS?▼
Yes. Under Section 451(b) BNSS, the District Magistrate or Sub-divisional Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him.
What may the Magistrate do after withdrawing or recalling the case under Section 451 BNSS?▼
The District Magistrate or Sub-divisional Magistrate may dispose of such proceeding himself or refer it for disposal to any other Magistrate.
What changed from Section 411 CrPC to Section 451 BNSS from 1 July 2024?▼
Section 451 BNSS has the same heading and the same text as Section 411 CrPC.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·