Section 212 BNSS: Making over of cases to Magistrates (Formerly Section 192 CrPC)

Section 212 of Bharatiya Nagarik Suraksha Sanhita, 2023: Making over of cases to Magistrates

Official Bare Act Text

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

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g)

Legal Commentary & Landmark Judgments: Section 212

Section 212 empowers a Chief Judicial Magistrate to make over any case of which they have taken cognizance to any competent Judicial Magistrate subordinate to them, and empowers Magistrates First Class to make over cases similarly authorized by the CJM.

Making Over Power: CJM assigns cases after taking cognizance to subordinate magistrates for inquiry or trial.
Authorized JMFC Assignment: A Magistrate First Class empowered by the CJM may make over cases to other competent magistrates in the district.
Administrative Efficiency: Facilitates balanced distribution of judicial workload across courts.

Key Landmark Precedents:

Rajendra Kumar Sitaram Pande v. Uttam (1999) 3 SCC 134: The Supreme Court held that when a case is made over under Section 192 CrPC (Section 212 BNSS), the transferee magistrate possesses all original trial powers to issue process or discharge.
Trisuns Chemical Industry v. Rajesh Agarwal (1999) 8 SCC 686: Affirmed the administrative validity of magisterial case assignments.

Courtroom Practice & Strategic Litigation Guidance:

Once a case is made over under Section 212, the transferee magistrate is completely seized of the matter. The transferor CJM cannot interfere with day-to-day judicial orders passed by the transferee court.