Transfer on application of the accused
Section 191 of the Code of Criminal Procedure, 1973 deals with transfer on application of the accused. When a Magistrate takes cognizance of an offence under clause(c) of sub-section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be mo The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
When a Magistrate takes cognizance of an offence under clause(c) of sub-section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.
Section 191, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 211 Transfer on application of accused 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 The repealed enactment still governs what happened while it was in force.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.
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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Mohammed Irfan vs Mohammed Sabir
Court's Decision & Legal Precedent
In cheque dishonour cases under Section 138 of the Negotiable Instruments Act, where evidence recording has already commenced under Section 145(2) of the Act, the court where proceedings are pending shall continue to exercise jurisdiction over the case, notwithstanding that the place of dishonour may ordinarily be in a different territorial jurisdiction. Such cases are deemed to be transferred to the court where they are presently pending, and the court should expedite the trial and dispose of the case in accordance with law.
On this section: Provides for transfer of cases from one Magistrate to another. The court held that this section could be invoked only for transfer when there was no territorial jurisdiction, but the Supreme Court's judgment created an exception for cases where evidence recording has commenced.
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Singireddy Bahskar Reddy vs The State of Telangana
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: Relates to the procedure for taking cognizance and the conditions precedent
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State vs Manak Chand
Court's Decision & Legal Precedent
Where a litigant makes contemptuous remarks against the judiciary due to mental strain caused by extraordinarily prolonged litigation, and subsequently tenders an unconditional apology with assurance of future compliance, the court may exercise its discretion to discharge the contempt notice rather than impose punishment, particularly when the litigant is elderly, from a poor family, and the circumstances demonstrate genuine remorse and reformed conduct.
On this section: Procedure under which the respondent filed an application before the Additional Sessions Judge alleging lack of faith in the Additional Civil Judge and expressing doubts about justice
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 191
What have the courts held on Section 191 of the Code of Criminal Procedure?
Mohammed Irfan vs Mohammed Sabir (13 Jan 2015) is the leading judgment on this section among those set out below: Provides for transfer of cases from one Magistrate to another. The court held that this section could be invoked only for transfer when there was no territorial jurisdiction, but the Supreme Court's judgment created an exception for cases where evidence recording has commenced. Another 2 judgments on this section are set out below. They run from 2008 to 2017.
How do I find court cases under Section 191 of the Code of Criminal Procedure?
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: CRPC 191, section 191 CRPC, section 191 of the Code of Criminal Procedure. People searching for it also type crpc 191 in bnss and crpc 191 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Mohammed Irfan vs Mohammed Sabir (13 Jan 2015).
What should I read with Section 191 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 190 (Cognizance of offences by Magistrates), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 211 (Transfer on application of accused), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 191 of the Code of Criminal Procedure come into force?
Section 191 of the Code of Criminal Procedure, cited as CRPC 191, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.