Withdrawal of cases by Judicial Magistrates
Section 450 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with withdrawal of cases by Judicial Magistrates. 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. The Act came into force on 01 Jul 2024.
(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.
Section 450, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 410 Withdrawal of cases by Judicial Magistrates Text carried over almost unchanged 99%
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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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Anil Kumar Yadav vs Shadab Ahmad
Decided under Code of Criminal Procedure 410, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Chief Judicial Magistrate Has Statutory Authority Under Section 410 CrPC To Transfer A Criminal Case From One Subordinate Court To Another Without Prior Notice To The Accused, Provided That The CJM Records Reasons For The Transfer Order As Required By Section 412 CrPC. The High Court Will Not Interfere With Such Transfer Orders Under Section 482 CrPC If The CJM Has Acted Within Statutory Authority And Passed A Speaking Order.
On this section: Provides Authority To Chief Judicial Magistrate To Withdraw Any Case From Or Recall Any Case Made Over To Any Subordinate Magistrate And Refer It For Inquiry Or Trial To Any Other Competent Magistrate. The Court Applied This Section To Uphold The CJM's Authority To Transfer The Case.
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.
Questions about Section 450
What have the courts held on Section 450 of the Bharatiya Nagarik Suraksha Sanhita?
Anil Kumar Yadav vs Shadab Ahmad (06 Apr 2017) is the leading judgment on this section among those set out below, though it was decided under CRPC 410, which this section replaced -- the court never mentioned this Act: Provides Authority To Chief Judicial Magistrate To Withdraw Any Case From Or Recall Any Case Made Over To Any Subordinate Magistrate And Refer It For Inquiry Or Trial To Any Other Competent Magistrate. The Court Applied This Section To Uphold The CJM's Authority To Transfer The Case.
How do I find court cases under Section 450 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 450, section 450 BNSS, section 450 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 450 1 and 450 bnss in crpc. 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 Anil Kumar Yadav vs Shadab Ahmad (06 Apr 2017).
What should I read with Section 450 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 212 (Making over of cases to Magistrates), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 410 (Withdrawal of cases by Judicial Magistrates), so the judgments decided under that provision are the case law on this one.
When did Section 450 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 450 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 450, 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 15 Oct 2026. This page is not a substitute for legal advice.