Section 192 CrPC: Making over of cases to Magistrates

Code of Criminal Procedure, 1973

Section 192 CrPC at a Glance

Section 192 CrPC deals with making over of cases to Magistrates. From 1 July 2024 it is replaced by Section 212 BNSS.

What Section 192 CrPC Says

192. Making over of cases to Magistrates

(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 192, Code of Criminal Procedure, 1973

Section 192 CrPC in Simple Words

Section 192 of the Code of Criminal Procedure, 1973 deals with the making over of cases to Magistrates.

Under Section 192(1) CrPC 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 192(2) CrPC 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 192 CrPC Applies

  • Under Section 192(1) CrPC 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 192(2) CrPC 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 192 CrPC

Anita is a Chief Judicial Magistrate and has taken cognizance of an offence alleged against Vikram. Under Section 192(1) CrPC Anita may make over the case for inquiry or trial to any competent Magistrate subordinate to Anita.

When Section 192 CrPC Does Not Apply

  • Section 192 CrPC 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 191 CrPC deals with.
  • Section 192 CrPC 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 186 CrPC deals with.

Section 192 CrPC Under BNSS 212: What Changed

Section 192 CrPC is now covered under Section 212 BNSS.

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.

View detailed comparison (CrPC 192 vs BNSS 212) โ†’

FAQs on Section 192 CrPC

Who may make over a case under Section 192 CrPC?โ–ผ

Under Section 192(1) CrPC, any Chief Judicial Magistrate. Under Section 192(2) CrPC, 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 192(1) CrPC?โ–ผ

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 192(2) CrPC?โ–ผ

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

Where is Section 192 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?โ–ผ

Section 192(1) CrPC is found in Section 212(1) BNSS and Section 192(2) CrPC in Section 212(2) 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 ยท Last updated: 20 Oct 2026 ยท