Section 411 CrPC: Making over or withdrawal of cases by Executive Magistrates
Code of Criminal Procedure, 1973
Section 411 CrPC at a Glance
Section 411 CrPC deals with making over or withdrawal of cases by Executive Magistrates. From 1 July 2024 it is replaced by Section 451 BNSS.
What Section 411 CrPC Says
411. 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 411, Code of Criminal Procedure, 1973
Section 411 CrPC in Simple Words
Section 411 of the Code of Criminal Procedure, 1973 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 411 CrPC Applies
- Under Section 411(a) CrPC, 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 411(b) CrPC, 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 411 CrPC
When Section 411 CrPC Does Not Apply
- Section 411 CrPC 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 410 CrPC.
Section 411 CrPC Under BNSS 451: What Changed
Section 411 CrPC is now covered under Section 451 BNSS.
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 detailed comparison (CrPC 411 vs BNSS 451) →FAQs on Section 411 CrPC
Which Magistrates may make over proceedings under Section 411 CrPC?▼
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 411 CrPC?▼
Yes. Under Section 411(b) CrPC, 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 411 CrPC?▼
The District Magistrate or Sub-divisional Magistrate may dispose of such proceeding himself or refer it for disposal to any other Magistrate.
Where is Section 411 CrPC found from 1 July 2024?▼
From 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 411 CrPC has no sub-sections, and maps as a whole to Section 451 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·