Section 211 BNSS: Transfer on application of accused (Formerly Section 191 CrPC)

Section 211 of Bharatiya Nagarik Suraksha Sanhita, 2023: Transfer on application of accused

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, 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.

Legal Commentary & Landmark Judgments: Section 211

Section 211 mandates that when a Magistrate takes cognizance of an offence upon information received from any person other than a police officer, or upon their own knowledge under Section 210(1)(c), the accused must be informed of their right to have the case tried by another Magistrate.

Suo Motu / Informant Cognizance: Cognizance taken under Section 210(1)(c) without police report or formal complaint.
Mandatory Information to Accused: Accused must, before any evidence is taken, be informed that they are entitled to have the case tried by another Magistrate.
Transfer Mandate: If the accused objects to being tried by that Magistrate, the case MUST be transferred to the Chief Judicial Magistrate or another Magistrate.

Key Landmark Precedents:

State of Bihar v. Ram Naresh Pandey AIR 1957 SC 389: The Supreme Court held that Section 191 CrPC (Section 211 BNSS) codifies the principle of judicial impartiality; a magistrate acting on personal knowledge cannot force an accused to submit to their trial.
A.R. Antulay v. R.S. Nayak (1988) 2 SCC 602: Reiterated that fair trial demands an unbiased forum; failure to inform the accused of this transfer right vitiates the trial.

Courtroom Practice & Strategic Litigation Guidance:

If a magistrate took suo motu cognizance under Section 210(1)(c) and proceeded to record evidence without appraising the client of their right to transfer under Section 211, the entire trial is illegal under Section 517 BNSS.