CrPC Section 411: Executive Magistrates – Making Over or Withdrawal of Cases

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CrPC Section 411: Executive Magistrates – Making Over or Withdrawal of Cases

This section deals with the powers of Executive Magistrates to make over or withdraw cases.

1. State the code:

CrPC Section 411:

When any case has been made over to an Executive Magistrate under section 409, and it appears to the Magistrate that the case ought to be made over to another Magistrate, or that it ought to be withdrawn from his cognizance, the Magistrate may, with the previous sanction of the District Magistrate or other competent authority, make over or withdraw the case accordingly.

2. Explain it:

  • Section 411 of the CrPC empowers Executive Magistrates to transfer or withdraw cases under their jurisdiction.
  • This power is subject to the prior approval of the District Magistrate or any other designated competent authority.
  • The Magistrate must have a valid reason for either transferring the case to another Magistrate or withdrawing it from their own cognizance.

3. Illustrate it:

Imagine an Executive Magistrate is investigating a minor theft case. The Magistrate believes the case requires more specialized knowledge and expertise that they lack. In this situation, they can request permission from the District Magistrate to transfer the case to a Magistrate specializing in theft cases. The District Magistrate, after reviewing the reasons provided, can grant or deny the request.

4. Common questions and answers:

Q1: Who can authorize the transfer or withdrawal of a case under Section 411?

The District Magistrate or other competent authority, as specified in the section.

Q2: What are the grounds for transferring or withdrawing a case?

Any valid reason, such as lack of jurisdiction, expertise, or conflict of interest.

Also Read  CrPC Section 394: Abatement of Appeals - Understanding Legal Implications

Q3: Can an Executive Magistrate transfer a case without the District Magistrate’s consent?

No, the transfer or withdrawal requires the prior sanction of the District Magistrate or other competent authority.

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