Section 191 CrPC: Transfer on application of the accused

Code of Criminal Procedure, 1973

Section 191 CrPC at a Glance

Section 191 CrPC deals with transfer on application of the accused. From 1 July 2024 it is replaced by Section 211 BNSS.

Now BNSS

Section 211 →

What Section 191 CrPC Says

191. Transfer on application of the accused

When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 190, 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 191, Code of Criminal Procedure, 1973

Section 191 CrPC in Simple Words

Section 191 of the Code of Criminal Procedure, 1973 applies when a Magistrate takes cognizance of an offence under Section 190(1)(c) CrPC. 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 191 CrPC Applies

  • Section 191 CrPC applies when a Magistrate takes cognizance of an offence under Section 190(1)(c) CrPC.
  • 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 191 CrPC

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

Example of Section 191 CrPC

A Magistrate takes cognizance of an offence against Vikram under Section 190(1)(c) CrPC. Before any evidence is taken, the accused Vikram is informed that Vikram is entitled to have the case inquired into or tried by another Magistrate. Vikram 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 191 CrPC Does Not Apply

  • Section 191 CrPC speaks of cognizance taken under Section 190(1)(c) CrPC. It does not deal with cognizance taken under any other clause of Section 190(1) CrPC.
  • Section 191 CrPC 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 192 CrPC deals with.

Section 191 CrPC Under BNSS 211: What Changed

Section 191 CrPC is now covered under Section 211 BNSS.

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 detailed comparison (CrPC 191 vs BNSS 211) →

FAQs on Section 191 CrPC

When shall the accused be informed under Section 191 CrPC?▼

Before any evidence is taken, when a Magistrate takes cognizance of an offence under Section 190(1)(c) CrPC.

What happens if the accused objects under Section 191 CrPC?▼

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 191 CrPC?▼

The Chief Judicial Magistrate.

Where is Section 191 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

Section 191 CrPC has no sub-sections, and maps as a whole to Section 211 BNSS.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·