Withdrawal of cases by Judicial Magistrates
Section 410 of the Code of Criminal Procedure, 1973 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 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 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 192 to any other Magistrate and may inquire into or try such case himself.
Section 410, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 450 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 The repealed enactment still governs what happened while it was in force.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
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.
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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… Pawan Dev Singh, Dy. AG Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE JUDGMENT Sanjeev Kumar J 1. Instant criminal appeal filed by the convict-Mohd. Shafi under Section 410 of the Code of Criminal Procedure Samvat, 1989 ["Cr.P.C. 1989"] arises out of a judgment of conviction dated 16th August, 2023 and order of sentence passed on the same day by the learned Principal Sessions Judge, Ramban ["trial Court"] in File No.48/Challan titled State v. Mohd. Shafi (FIR No.89/2013). Vide …
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… Pawan Dev Singh, Dy. AG Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE JUDGMENT Sanjeev Kumar J 1. Instant criminal appeal filed by the convict-Mohd. Shafi under Section 410 of the Code of Criminal Procedure Samvat, 1989 ["Cr.P.C. 1989"] arises out of a judgment of conviction dated 16th August, 2023 and order of sentence passed on the same day by the learned Principal Sessions Judge, Ramban ["trial Court"] in File No.48/Challan titled State v. Mohd. Shafi (FIR No.89/2013). Vide …
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… The presiding officer then sent to the Principal District and Sessions Judge for appropriate orders, however, the Principal District and Sessions Judge rejected the request of the Petitioner. Thereafter, the Petitioner also filed an application under Section 410 of the Code of Criminal Procedure, 1973<sup>3</sup> , before the Principal and District & Sessions Judge, seeking transfer of the case, however, this application was also rejected vide order dated 20th May, 2024. 4. Mr. Atul Guleria, SPP for CBI, has also been heard and he has no objections to the transfer of …
Questions about Section 410
What have the courts held on Section 410 of the Code of Criminal Procedure?
Anil Kumar Yadav vs Shadab Ahmad (06 Apr 2017) is the leading judgment on this section among those set out below: 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 410 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 410, section 410 CRPC, section 410 of the Code of Criminal Procedure. People searching for it also type crpc 410 in bnss and 410 crpc pakistan. 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 410 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 192 (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. For anything done on or after 1 July 2024 the provision to read is BNSS 450 (Withdrawal of cases by Judicial Magistrates), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 410 of the Code of Criminal Procedure come into force?
Section 410 of the Code of Criminal Procedure, cited as CRPC 410, 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
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- 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.