Chapter XIV
Section 191 CrPC: Transfer on application of the accused
New Law Update (2024)
Section 196 BNSS
TRIAL COURT
Magistrate
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Section 190(1)(c) CrPC
This sub-section empowers a Magistrate to take cognizance of an offence not only based on a police report or a complaint but also on their own knowledge or suspicion that an offence has been committed. It is this specific manner of taking cognizance that triggers the accused’s right to seek a transfer under Section 191 CrPC.
Landmark Judgements
Draft Format / Application
APPLICATION FOR TRANSFER OF CASE UNDER SECTION 191 OF THE CODE OF CRIMINAL PROCEDURE, 1973
IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE, [District Name]
Case No. ________ of 20_______
IN THE MATTER OF:
[Name of Accused/Applicant]
Son/Daughter of [Father’s Name]
Resident of [Address]
… Applicant/Accused
VERSUS
The State of [State Name]
… Respondent
APPLICATION UNDER SECTION 191 OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the Applicant is the accused/one of the accused in the above-mentioned case pending before the learned [Name of Magistrate taking cognizance], [Designation of Magistrate], [Court/District].
2. That the learned Magistrate was pleased to take cognizance of the alleged offence(s) under Section [relevant IPC sections] against the Applicant/accused on [Date] under clause (c) of Sub-section (1) of Section 190 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”), i.e., based on his/her own knowledge or suspicion.
3. That in compliance with the provisions of Section 191 CrPC, the Applicant was informed on [Date] by the learned Magistrate that he/she is entitled to have the case inquired into or tried by another Magistrate, before any evidence was taken.
4. That the Applicant, being apprehensive that further proceedings before the learned Magistrate who took cognizance under Section 190(1)(c) CrPC may not ensure complete impartiality and fairness, hereby objects to the further proceedings before the said learned Magistrate.
5. That the Applicant therefore seeks the exercise of the right granted under Section 191 CrPC to have the case transferred for inquiry or trial before another competent Magistrate.
6. That this application is made in good faith and in the interest of justice and fair play.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a. Transfer the present case, being Case No. ________ of 20_______, pending before the learned [Name of Magistrate taking cognizance], to such other competent Magistrate as this Hon’ble Court may deem fit to specify.
b. Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT, AS IN DUTY BOUND, SHALL EVER PRAY.
Date: [Date]
Place: [Place]
[Signature of Applicant/Accused]
[Name of Applicant/Accused]
[Signature of Counsel for Applicant (if any)]
[Name of Counsel]
[Enrollment No.]
[Address]