Section 449 BNSS: Withdrawal of cases and appeals by Sessions Judges (Formerly Section 409 CrPC)

Section 449 of Bharatiya Nagarik Suraksha Sanhita, 2023: Withdrawal of cases and appeals by Sessions Judges

Official Bare Act Text

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

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.

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

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 449

Section 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 409 of the CrPC, 1973) authorizes a Sessions Judge to withdraw any case or appeal from, or recall any case or appeal which they have made over to, any Additional Sessions Judge subordinate to them.

Withdrawal & Recall Power: A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which they have made over to, any Additional Sessions Judge.
Timing of Withdrawal: At any time before the trial of the case or the hearing of the appeal has actually commenced before the Additional Sessions Judge.
Re-allocation or Trial: The Sessions Judge may either try the case or hear the appeal themselves, or make it over to another competent Court.

Key Landmark Precedents:

State of Punjab v. Pritam Singh, 1982 Cri LJ 1102: Held that once a trial or appeal has actually commenced before an Additional Sessions Judge, the Sessions Judge has no power to withdraw or recall it under Section 409 CrPC.
K.M. Mathew v. State of Kerala, (1992) 1 SCC 217: Emphasized that withdrawal powers must be exercised on objective administrative criteria, not on the subjective preference of litigants.

Courtroom Practice & Strategic Litigation Guidance:

If seeking recall of a matter from an Additional Sessions Judge under Section 449, ensure the application is moved before the trial formally commences (i.e., before charges are framed or evidence is opened).