Making over of cases to Magistrates
Section 212 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with making over of cases to Magistrates. 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. The Act came into force on 01 Jul 2024.
(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.
Section 212, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 192 Making over of cases to Magistrates Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Singireddy Bahskar Reddy vs The State of Telangana
Decided under Code of Criminal Procedure 192, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a magistrate designated for specific offences declines jurisdiction over a complaint, the Chief Judicial Magistrate has the authority and responsibility to take cognizance and thereafter make over the case to the appropriate court for trial, ensuring that jurisdictional technicalities do not prevent the substantive adjudication of complaints. The scope of special court designations must be interpreted based on the explicit terms of the High Court's directions, and absent clear extension to subsequent elections, such designations may be limited to the specific elections for which they were created.
On this section: Addresses the procedure when a magistrate lacks jurisdiction and the role of Chief Judicial Magistrate
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Vakalatnama filed today. Certain documents have also been filed. Let those be kept with the record. Register this case as Complaint case. Perused the documents which are filed along with vokalatnama. Let the case be transferred to the Ld. JM, 3rd Court, Howrah , under Section 212(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 in terms of the Power vested u/s.13(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 . Fix 30.06.2025 for inquiry and trial under section 223 of Bhartiya Nyaya Sanhita, 2023. Dictated & corrected by me. Chief Judicial Magistrate Chief Judicial Magistrate …
Questions about Section 212
What have the courts held on Section 212 of the Bharatiya Nagarik Suraksha Sanhita?
Singireddy Bahskar Reddy vs The State of Telangana (03 Feb 2017) is the leading judgment on this section among those set out below, though it was decided under CRPC 192, which this section replaced -- the court never mentioned this Act: Addresses the procedure when a magistrate lacks jurisdiction and the role of Chief Judicial Magistrate.
How do I find court cases under Section 212 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 212, section 212 BNSS, section 212 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 212 2 and bns 212 and 217. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Singireddy Bahskar Reddy vs The State of Telangana (03 Feb 2017).
What should I read with Section 212 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
4 other provisions in this corpus refer back to it. It carries forward CrPC 192 (Making over of cases to Magistrates), so the judgments decided under that provision are the case law on this one.
When did Section 212 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 212 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 212, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.