Code:
When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, 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.
Explanation:
This section deals with the transfer of a case to another Magistrate when an accused objects to the Magistrate taking cognizance of an offence under Section 210(1)(c) of the BNSS.
Section 210(1)(c) refers to cases where the Magistrate takes cognizance of an offence based on a police report, but the accused is not produced before the Magistrate within the prescribed time limit. In such cases, the accused has the right to have the case investigated or tried by another Magistrate.
Procedure:
- Before any evidence is taken, the Magistrate informs the accused of their right to have the case transferred.
- If the accused objects to the Magistrate continuing the proceedings, the case is transferred to another Magistrate.
- The Chief Judicial Magistrate designates the specific Magistrate to whom the case is to be transferred.
Illustration:
A person is arrested by the police for theft. The police file a report but fail to produce the accused before the Magistrate within the stipulated time. The Magistrate takes cognizance of the case based on the police report. The accused, upon being informed of their right to have the case transferred, objects to the Magistrate handling the case. The Chief Judicial Magistrate then designates another Magistrate to handle the case.
Common Questions and Answers:
- Q: What is the purpose of Section 211?
- A: Section 211 ensures that the accused has a fair opportunity to have their case heard by an impartial Magistrate.
- Q: Can the accused object to the transfer of the case?
- A: No, the accused has the right to object to the Magistrate handling the case and demand a transfer.
- Q: Who has the authority to transfer the case?
- A: The Chief Judicial Magistrate has the authority to designate the specific Magistrate to whom the case is transferred.
