Section 410 CrPC: Withdrawal of cases by Judicial Magistrate

Code of Criminal Procedure, 1973

Section 410 CrPC at a Glance

Section 410 CrPC deals with withdrawal of cases by Judicial Magistrate. From 1 July 2024 it is replaced by Section 450 BNSS.

Now BNSS

Section 450 →

What Section 410 CrPC Says

410. Withdrawal of cases by Judicial Magistrate

s.

(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 192 to any other Magistrate and may inquire into or try such case himself.

Source: Section 410, Code of Criminal Procedure, 1973

Section 410 CrPC in Simple Words

Section 410 of the Code of Criminal Procedure, 1973 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 192(2) CrPC to any other Magistrate.

When Section 410 CrPC Applies

  • Under Section 410(1) CrPC, 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 410(2) CrPC, any Judicial Magistrate may recall any case made over by him under Section 192(2) CrPC to any other Magistrate, and may inquire into or try the case himself.

Example of Section 410 CrPC

A Chief Judicial Magistrate made over a case against Dinesh to a subordinate Magistrate. Under Section 410 of the Code of Criminal Procedure, 1973, 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 410 CrPC Does Not Apply

  • Section 410(1) CrPC 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 411 CrPC.
  • Section 410(2) CrPC 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 410 CrPC Under BNSS 450: What Changed

Section 410 CrPC is now covered under Section 450 BNSS.

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.

View detailed comparison (CrPC 410 vs BNSS 450) →

FAQs on Section 410 CrPC

Which Magistrate may withdraw a case under Section 410(1) CrPC?▼

Any Chief Judicial Magistrate. Section 410(1) CrPC 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?▼

Section 410(1) CrPC 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 410(2) CrPC?▼

Any Judicial Magistrate may recall any case made over by him under Section 192(2) CrPC to any other Magistrate, and may inquire into or try the case himself.

Where is Section 410 CrPC found from 1 July 2024?▼

From 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 410(1) CrPC is found in Section 450(1) BNSS and Section 410(2) CrPC is found in Section 450(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 · Last updated: 26 Oct 2026 ·