Section 450 BNSS: Withdrawal of cases by Judicial Magistrates (Formerly Section 410 CrPC)

Section 450 of Bharatiya Nagarik Suraksha Sanhita, 2023: Withdrawal of cases by Judicial Magistrates

Official Bare Act Text

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

(1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212 to any other Magistrate and may inquire into or try such cases himself.

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 450

Section 450 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 410 of the CrPC, 1973) authorizes Chief Judicial Magistrates and other Judicial Magistrates to withdraw cases and make them over to subordinate courts.

CJM's Withdrawal Authority: Any Chief Judicial Magistrate may withdraw any case from, or recall any case which they have made over to, any Magistrate subordinate to them.
Subordinate Magistrate Powers: Any Judicial Magistrate may recall any case made over by them under Section 212(2) to any other Magistrate and inquire into or try it themselves.
Administrative Docket Control: Ensures dynamic case distribution and prevents bottlenecks across Magisterial courts in the district.

Key Landmark Precedents:

Padam Sen v. State of U.P., AIR 1961 SC 218: The Supreme Court noted that administrative reallocation of cases by the CJM is designed to advance speedy trial and equitable docket management.
Raj Kishore Prasad v. State of Bihar, (1996) 4 SCC 495: Affirmed the supervisory role of the CJM over the Magisterial cadre in criminal case administration.

Courtroom Practice & Strategic Litigation Guidance:

In complex multi-accused corporate or economic fraud matters pending before junior magistrates, apply to the CJM under Section 450 to withdraw the matter to the CJM's own court for trial.