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CHAPTER XXXIII TRANSFER OF CRIMINAL CASES

Section 449: Withdrawal of cases and appeals by Sessions Judges

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 3 of our papers cite Section 449. Try these from the free papers:

  1. 1. Under Section 449(2) of the BNSS, a Sessions Judge may recall a case or appeal which he has made over to an Additional Sessions Judge

Practise questions on Bharatiya Nagarik Suraksha Sanhita