Section 192 CrPC: Making over of cases to Magistrates

Chapter XIV

Case Transfer, CJM Powers, cognizance, First Class Magistrate Powers, inquiry, jurisdiction, Magistrates, transfer of cases, trial

New Law Update (2024)

Section 200 BNSS

TRIAL COURT

Magistrate

Punishment

Procedural – Cognizance

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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.

Important Sub-Sections Explained

Section 192(1)

This sub-section grants the Chief Judicial Magistrate (CJM) the power to transfer a case for inquiry or trial to any subordinate competent Magistrate once the CJM has formally recognized the offence. This streamlines the judicial process by allowing the CJM to distribute cases among their subordinate judiciary.

Section 192(2)

This sub-section allows a Magistrate of the First Class, if specifically empowered by the Chief Judicial Magistrate, to transfer a case for inquiry or trial to another competent Magistrate designated by the CJM. This provision extends the case transfer authority to lower-level Magistrates under the CJM’s direct control and specification.

Chapter XIV