Making over of cases to Magistrates
Section 192 of the Code of Criminal Procedure, 1973 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 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
(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 192, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 212 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 The repealed enactment still governs what happened while it was in force.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
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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… maintainable and directed the writ petitioner to approach the appropriate Court to take such step as may be permitted under the law with regard to the proceeding before the learned Judicial Magistrate, First Class. It appears that the learned Judicial Magistrate, First Class –I after receiving the record under Section 192 of the Code of Criminal Procedure, proceeded under Section 202 of Cr.P.C and decided to get the matter investigated by Mr. Vinay Kumar Jindal, Director (Rural Development/Panchayat), Andaman and Nicobar Administration and to submit report and thereby postponed the issue of process against the accused. That on …
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… 1898 or be heard in his defence under Section 244 of the said Code or frame a charge against the accused under Section 254 of the Code or make an order committing the accused for trial to the Court of Sessions and will not also make over the case for enquiry or trial under Section 192 of the Code of Criminal Procedure, 1973 (newly added Clause (d) to the Rules) . 24. While explaining the aforesaid clause, viz. Rule 4 (d) of the Rules, the Division Bench of this Court in Ram Padarath Singh (supra) held that even when an investigation is pending and the Army authority decides to institute a …
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… The Counsel for the revision petitioner submitted that transfer of the case to another court by Chief Judicial Magistrate without taking cognizance is bad under Section 192 (1) of Code of Criminal Procedure as Chief Judicial Magistrate will be getting power to transfer a case to another court only after taking cognizance. He had also argued that, even assuming that the case was transferred, it must be transferred to a court having jurisdiction to entertain the complaint and it was made …
Questions about Section 192
What have the courts held on Section 192 of the Code of Criminal Procedure?
Singireddy Bahskar Reddy vs The State of Telangana (03 Feb 2017) is the leading judgment on this section among those set out below: Addresses the procedure when a magistrate lacks jurisdiction and the role of Chief Judicial Magistrate.
How do I find court cases under Section 192 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 192, section 192 CRPC, section 192 of the Code of Criminal Procedure. 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 192 of the Code of Criminal Procedure, and has it changed?
4 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 212 (Making over of cases to Magistrates), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 192 of the Code of Criminal Procedure come into force?
Section 192 of the Code of Criminal Procedure, cited as CRPC 192, 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.