Notes on transfer of cases under BNSS

(Bharatiya Nagarik Suraksha Sanhita)

Introduction:

The Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines provisions for the
transfer of criminal cases under Sections 446 to 452. These sections
empower the Supreme Court, High Courts, Sessions Judges, and Magistrates
to transfer cases or appeals under specific circumstances.

Transfer by the Supreme Court (Section 446 of BNSS):

The Supreme Court, when convinced that it is necessary for the ends of
justice, can direct the transfer of a particular case or appeal from one High
Court to another or from a Criminal Court under one High Court to another
Criminal Court. This authority is exercised upon the application of the
Attorney-General of India or a party involved.

High Court's Jurisdiction (Section 447 of BNSS):

The High Court, upon certain conditions such as the impossibility of a fair
trial or the existence of legal complexities, can order the transfer of cases.
The High Court may act based on reports from lower courts, applications
from interested parties, or its own initiative. Notably, an application for
transfer from one Criminal Court to another within the same sessions division
must first be made to the Sessions Judge.

Procedure and Powers (Sections 447, 448 of BNSS):

Applications for transfer must be supported by affidavit or affirmation, and

accused persons may be directed to execute bonds for compensation. The
High Court can stay proceedings in subordinate courts if it deems it
necessary for justice. The High Court, when transferring a case to itself,
follows the same procedure as the original court.

Sessions Judges also have the power to transfer cases within their sessions
division under Section 448 of BNSS.

Sessions Judge's Authority (Section 449 of BNSS):

Section 449 of BNSS empowers a Sessions Judge to withdraw any case or

appeal which he has made over to a Chief Judicial Magistrate subordinate to
him.

Magistrates' Powers (Sections 450, 451 of BNSS):

Under Section 450 of BNSS, Chief Judicial Magistrates and Judicial

Magistrates have the authority to withdraw or recall cases from subordinate
magistrates and inquire into or try the cases themselves.

District Magistrates or Sub-divisional Magistrates can make over proceedings

to subordinate magistrates or withdraw cases for disposal under Section 451
of BNSS.

Recording Reasons (Section 452 of BNSS):

Sessions Judges and Magistrates, when making orders under Sections 448,
449, 450, or 451, are required to record their reasons for the decision,
ensuring transparency and accountability in the transfer process.
FAQs on Transfer of Cases under Bharatiya Nagarik Suraksha
Sanhita (BNSS)

Q1: When can the Supreme Court order the transfer of a case or
appeal under BNSS?

A1: The Supreme Court can direct the transfer of a case or appeal when it
deems it necessary for the ends of justice. This authority is exercised based
on the application of the Attorney-General of India or a concerned party.

Q2: What conditions empower the High Court to order the transfer
of cases under BNSS?

A2: The High Court can order transfers under conditions such as the
impossibility of a fair trial, legal complexities, or for the general convenience
of the parties or witnesses. The High Court may act based on reports from
lower courts, applications from interested parties, or its own initiative.

Q3: Is there a specific procedure for making an application for

transfer?

A3: Yes, applications for transfer must be made by motion and supported by
affidavit or affirmation. Accused persons may be directed to execute bonds
for compensation.
Q4: Can Sessions Judges transfer cases within their sessions
division?

A4: Yes, Sessions Judges have the authority to transfer cases within their
sessions division under Section 448 of BNSS.

Q5: What powers do Magistrates have in relation to case transfers?

A5: Chief Judicial Magistrates and Judicial Magistrates can withdraw or recall
cases from subordinate magistrates, inquire into, or try the cases themselves
under Section 450 of BNSS.

District Magistrates or Sub-divisional Magistrates can also make over

proceedings to subordinate magistrates or withdraw cases for disposal under
Section 451 of BNSS.

Q6: Why is it essential for Sessions Judges and Magistrates to

record reasons for their transfer decisions?

A6: Recording reasons ensures transparency and accountability in the

transfer process, allowing for a clear understanding of the rationale behind
the decision.

Q7: Can the High Court stay proceedings in subordinate courts

during a transfer application?

A7: Yes, the High Court has the authority to stay proceedings in subordinate
courts if it deems it necessary for the interest of justice.

Q8: How long does an interested party have to give notice for a
transfer application?

A8: An accused person making such an application shall give at least twenty-
four hours' notice in writing to the Public Prosecutor, along with a copy of the
grounds on which it is made.

The Bharatiya Nagarik Suraksha Sanhita (BNSS) has specific provisions

 regarding bail and bonds in Chapter XXXV, Sections 478-496. Key aspects
include the definition of bail and bonds, the process of granting bail, and the
conditions for release on bail. The BNSS retains the basic principles of bail
from the existing Criminal Procedure Code (CrPC) but introduces some
changes.

Key Provisions:
 Definition:
"Bail" means release from custody with conditions, including a bond or bail
bond, while "bond" is a personal undertaking without surety and "bail bond"
is one with surety, according to Section 479 of the BNSS.
 Bail Procedure:
Section 480 outlines the conditions under which a person, other than one
accused of a non-bailable offense, must be released on bail.
 Non-Bailable Offenses:
Section 480 also clarifies situations where a person accused of a non-
bailable offense may not be released on bail, such as if there's a reasonable
belief they committed an offense punishable with death or life imprisonment,
or if they have previous convictions for similar offenses.
 Bail and Surety:
Section 485 addresses the bond a person and sureties must execute before
release on bail or bail bond.
 Declaration by Sureties:
Section 486 mandates that sureties make a declaration before the court
disclosing the number of people for whom they have stood surety.
 Release from Custody:
Section 487 specifies that upon execution of the bond or bail bond, the
person should be immediately released from custody.
 First-Time Offenders:
The BNSS retains a provision from the CrPC, allowing for release on
personal bond after serving half the maximum imprisonment for an offense. It
also adds a provision for first-time offenders to be released on bail after
serving one-third of the maximum sentence.
 Anticipatory Bail:
 The BNSS retains the provision of anticipatory bail, previously under Section
438 of the CrPC, now found under Section 482 of the BNSS.

 Statutory Bail:
A statutory bail, or default bail, arises when the police fail to file a report
within a specified time under Section 187(2) of the BNSS.

Stages of Bail
A person named as an accused in the FIR can seek pre-arrest bail from a
Court of Sessions or a High Court and/ or an arrested accused person can
seek regular bail from a trial court and/ or a Court of Sessions or a High
Court.

i. Anticipatory Bail under Section 482

High Courts and Courts of Sessions are empowered under Section 482 of
BNSS to issue directions for bail to be granted to a person apprehending
arrest. Anticipatory bail can only be sought for offences that are non-bailable
in nature. While making such directions, the concerned court can put the
person under conditions depending on the case-specific facts including that a
person shall make himself available for interrogation by a police officer as
and when required, a condition to not tamper with evidence, etc.

The striking difference between Section 438 of the CrPC and Section 482 of
BNSS is that the legislation has now deleted factors which are required to be
taken into consideration by courts for granting anticipatory bail. These
factors include the nature and gravity of the accusation, antecedents of the
applicant, the possibility of fleeing from justice etc. This provision has
relaxed the stringent conditions on which anticipatory bail was earlier
granted. This a welcome step which will be appreciated by the courts while
deciding applications for anticipatory bail.

However, it must importantly be noted that anticipatory bail is not available

for offences under Sections 65 and 70(2) of BNS, namely, for the offences of
rape of a minor (below 16 years of age) and gang rape of a female (below 18
years of age) respectively.

ii. Bail

Regular bail can only be sought by a person who is in judicial custody for
offences which are non-bailable in nature. If any person accused of a bailable
offence is arrested or detained by a police officer without a warrant or is
produced before a court, then such an officer or court can grant bail to such
a person.
 a. Bail under Section 480 for non-bailable offences

An application for regular bail can be moved by a person who has been
arrested or detained without a warrant for any non-bailable offence before
any court other than a High Court or Court of Sessions.

b. Bail under Section 483

Section 483 of BNSS grants special powers to High Courts and Courts of
Sessions for granting bail to a person accused of an offence and who is in
custody on conditions that the said court deems fit. No High Court or Court of
Sessions shall grant bail to a person accused of an offence triable under
Section 65 or Section 70(2) of BNS without giving prior notice of the
application for bail to the Public Prosecutor. Additionally, the presence of the
first informant or any other person authorised by him/ her is also obligatory
at the time of hearing the application for bail for a person accused of an
offence triable under Section 65 or Section 70(2) of BNS.

c. Cancellation of bail

Any court granting bail under Section 480 of BNSS can cancel a bail that has
been granted and direct that the person in question be arrested and
committed to custody. The same can be done under Section 480(5) of BNSS.
Similarly, a High Court and a Court of Session can cancel the bail granted
under Section 483, by invoking powers under Section 483(3) of BNSS. It is
worth mentioning that despite there being several judgments on the
cancellation of bail, the legislature has chosen to remain silent on the
grounds on which bail can be cancelled. This grants wide powers to the
judiciary for cancelling bail once granted. This allows for the potential
hampering of an individual’s fundamental right to life and liberty as
guaranteed by the Constitution of India.

A charge under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a

formal accusation of a crime made against an individual. It's a legal
requirement that informs the accused of the alleged offense and the law that
applies to it.
Key elements of a charge
 The charge must state the offense, the law, the section, the time, and the
place of the alleged offense
 The charge should be based on proper evidence
 The charge should be written in the language of the court
 The charge should provide the accused with a clear understanding of the
accusations they face
 BNSS provisions for charges
 Sections 234 to 241 of BNSS cover charges
 Section 239 of BNSS allows the court to add or modify charges at any time
before the judgment
 Section 240 of BNSS addresses the recall of witnesses when charges are
altered
Purpose of a charge
The charge is a foundation of the accusation in a criminal trial. It helps
balance the rights of the accused with the interests of justice.

Notes on charge framing under BNSS

(Bharatiya Nagarik Suraksha Sanhita)
Introduction:

One of the most important aspect of criminal proceedings is the formulation

of charges, as detailed in Chapter XIX of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS). Charge framing can be said to be the first stage of
trial.

This article will focus on the provisions of charges under the BNSS,
examining their form, content, and the implications of errors or omissions.

Form of Charges:

According to Section 234 of the BNSS, every charge must state the offense
with which the accused is charged. The formulation varies based on whether
the offense has a specific name according to the law or not.

The charge should be written in the language of the court and must include
details such as the law, section, time, and place of the alleged offense.

Particulars and Manner of the Offense:

Section 235 of BNSS emphasizes the inclusion of particulars about the
time, place, and person involved in the alleged offense.

In cases of criminal breach of trust or dishonest misappropriation, specifying

the gross sum or describing the movable property is deemed sufficient.

If these details are insufficient, Section 236 of BNSS requires the charge to
include particulars about the manner in which the offense was committed.

Effect of Errors and Omissions:

Section 238 of BNSS says that errors or omissions in stating the offense or
particulars will not be considered material unless they mislead the accused
and lead to a failure of justice.

Alteration or Addition of Charges:

Section 239 of BNSS grants the court the authority to alter or add to any
charge before judgment is pronounced. This alteration or addition must be
communicated to the accused, and the court has the discretion to proceed
with the trial or, if prejudice is likely, direct a new trial or adjourn the
proceedings.

Separate Charges and Trials:

Section 241 of BNSS mandates a separate charge for each distinct

offense, but the court may try multiple charges together if the accused
agrees and it won't prejudice the defense.

Section 242 of BNSS allows the consolidation of charges for offenses of the
same kind within a year.

Combining Offenses and Alternative Charges:

Sections 243 of BNSS and 244 of BNSS address situations where
multiple offenses are committed in a connected series of acts.

Charges can be combined, and the accused may be convicted of an offense

not specifically charged if evidence supports it. Section 245 of BNSS
further allows conviction for a minor offense if the major offense is not fully
proven.

charge framing under Bharatiya Nagarik Suraksha Sanhita

Q1: What is the significance of charge framing in criminal

proceedings under the BNSS?

A1: Charge framing is a crucial stage in criminal proceedings, marking the

beginning of the trial process.

Q2: What are the key elements that must be included in a charge
under Section 234 of BNSS?

A2: Every charge must state the offense with specifics such as the law,
section, time, and place of the alleged offense. The formulation varies based
on whether the offense has a specific name according to the law.

Q3: What role do particulars play in charge framing according to

Section 235 of BNSS?

A3: Section 235 emphasizes including particulars about the time, place, and
person involved in the alleged offense. In cases of certain offenses,
specifying the gross sum or describing the movable property is deemed
sufficient.

Q4: How does Section 238 of BNSS address errors or omissions in

charges?
A4: Section 238 states that errors or omissions in charges are not considered
material unless they mislead the accused and lead to a failure of justice. This
highlights the importance of ensuring accuracy in charge framing.

Q5: Under what circumstances can the court alter or add charges
according to Section 239 of BNSS?

A5: Section 239 grants the court the authority to alter or add charges before
judgment is pronounced. The court may proceed with the trial or, if prejudice
is likely, direct a new trial or adjourn the proceedings.

Q6: When can multiple charges be tried together, and what does
Section 241 of BNSS mandate?

A6: Section 241 mandates a separate charge for each distinct offense.
However, the court may try multiple charges together if the accused agrees
and it won't prejudice the defense.

Q7: How does BNSS address combining offenses in a connected

series of acts?

A7: Sections 243 and 244 address combining offenses when multiple crimes
are committed in a connected series of acts. Charges can be combined, and
the accused may be convicted of an offense not specifically charged if
evidence supports it.

Q8: When can a person be convicted for a minor offense under

BNSS?

A8: Section 245 of BNSS allows the conviction of a minor offense if the major
offense is not fully proven. This provision ensures flexibility in addressing
cases where the evidence may support a lesser offense.

A trial before a Court of Session under the Bharatiya Nagarik Suraksha

Sanhita (BNSS) is governed by Sections 248–260 of the BNSS. The BNSS is
a law that aims to improve the efficiency and fairness of criminal trials in
India.
 Trial process
1. Prosecution: A Public Prosecutor conducts the prosecution.
2. Opening case: The prosecutor describes the charges and evidence to prove
guilt.
3. Charge framing: The judge decides if the case is triable by the Court of
Session and frames charges if so.
4. Plea: The judge explains the charges to the accused and asks for a plea.
5. Evidence: The judge fixes a date for examining witnesses.
6. Defense: The accused enters the defense.
7. Judgment: The judge records a judgment of acquittal or conviction.
Other provisions
 The BNSS allows for trials in absentia in certain cases.
 The BNSS prescribes time-lines for investigations, trials, and judgments.
 The BNSS provides for the use of technology and forensic science in
investigations.
Court of Session structure
The State Government establishes a Court of Session for each sessions
division. The High Court appoints a Judge to preside over each Court of
Session

Sessions Trial under BNSS (Bharatiya

Nagarik Suraksha Sanhita)
Introduction

Sessions trial or Trial of Sessions cases like Criminal Procedure Code, 1973
(CRPC) has a separate and dedicated chapter under Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS). This article focusses on the key sections of
BNSS that deal with the proceedings of sessions trials, detailing on the role
of the Public Prosecutor, stages of trial, plea options, and the judgment
process.

I. Prosecution Conducted by Public Prosecutor (Section 248):

Section 248 of BNSS mandates that every trial before a Court of Session shall
have the prosecution conducted by a Public Prosecutor.

II. Opening Case for Prosecution (Section 249):

Upon the accused's appearance, the prosecutor, as outlined in Section 249

BNSS, opens the case by describing the charges and stating the evidence
proposed to prove guilt.

III. Discharge Application (Section 250):

Section 250 BNSS allows the accused to apply for discharge within sixty days
of committal. The Judge, after considering the record and hearing both sides,
may discharge the accused if there's insufficient ground to proceed,
recording the reasons.

IV. Framing of Charge (Section 251):

If the case proceeds, Section 251 BNSS details the framing of charges. The
Judge, based on opinion and grounds, frames charges either for trial by the
Court of Session or transfers the case to a lower court. The accused is then
asked to enter a plea.

V. Conviction on Plea of Guilty (Section 252):

If the accused pleads guilty, Section 252 BNSS allows the Judge to record the
plea and, at their discretion, convict the accused.

VI. Date for Prosecution Evidence (Section 253):

When the accused refuses to plead or claims trial, Section 253 BNSS
empowers the Judge to fix a date for examining witnesses. The prosecution
may request processes to compel witness attendance or document
production.
VII. Evidence for Prosecution (Section 254):

Section 254 BNSS outlines the procedure for recording evidence for the
prosecution. Notably, audio-video electronic means may be used, offering
modern alternatives for capturing witness testimony.

VIII. Acquittal (Section 255):

After the prosecution's evidence, the accused's examination, and arguments,

if the Judge deems there's no evidence of guilt, Section 255 BNSS mandates
the recording of an order of acquittal.

IX. Entering Upon Defense (Section 256):

If not acquitted, the accused is called to enter the defense. Section 256 BNSS
addresses the filing of written statements and the issuance of processes,
ensuring a fair opportunity for the defense.

X. Arguments and Judgment (Sections 257-258):

Once the defense concludes, Section 257 BNSS allows the prosecutor and
accused to present their arguments. Section 258 BNSS emphasizes a swift
judgment within 30 to 60 days after completing arguments.
Section 259 Previous conviction.
Section 260 Procedure in cases instituted under subsection
(1) of Section 223

Questions of Sessions Trial.

Q1: What is the role of a Public Prosecutor in sessions trials under

BNSS?

A1: Section 248 of BNSS mandates that every trial before a Court of Session
must have the prosecution conducted by a Public Prosecutor, ensuring fair
representation of the state in criminal proceedings.
Q2: What happens when an accused appears in a Court of Session,
according to Section 249 of BNSS?

A2: Section 249 outlines that when the accused appears, the prosecutor
opens the case by describing the charges and stating the evidence proposed
to prove guilt, setting the stage for a transparent trial.

Q3: Can an accused apply for discharge in a sessions trial under

BNSS?

A3: Yes, Section 250 allows the accused to apply for discharge within sixty
days of committal. The Judge, after consideration, may discharge the
accused if there's insufficient ground to proceed, recording the reasons.

Q4: How are charges framed in a sessions trial under BNSS?

A4: Section 251 details the framing of charges in a sessions trial. The Judge,
based on opinion and grounds, frames charges either for trial by the Court of
Session or transfers the case to a lower court, asking the accused to enter a
plea.

Q5: What happens if an accused pleads guilty in a sessions trial

under BNSS?

A5: Section 252 allows the Judge, if the accused pleads guilty, to record the
plea and, at their discretion, convict the accused.

Q6: What powers does the Judge have regarding the date for
prosecution evidence in a sessions trial?

A6: Section 253 empowers the Judge to fix a date for examining witnesses
when the accused refuses to plead or claims trial. The prosecution may
request processes to compel witness attendance or document production.
Q7: How is evidence recorded for the prosecution in a sessions trial
under BNSS?

A7: Section 254 outlines the procedure for recording evidence for the
prosecution. Audio-video electronic means may be used, providing modern
alternatives for capturing witness testimony.

Q8: What happens after the prosecution's evidence and the

accused's examination in a sessions trial?

A8: Section 255 mandates that if the Judge deems there's no evidence of
guilt after the prosecution's evidence, the accused's examination, and
arguments, an order of acquittal must be recorded.

Q9: What is the process for the accused entering their defense in a
sessions trial under BNSS?

A9: Section 256 addresses the accused entering the defense, including the
filing of written statements and the issuance of processes, ensuring a fair
opportunity for the defense.

Q10: How soon should a judgment be delivered in a sessions trial

under BNSS?

A10: Section 258 emphasizes a swift judgment within 30 to 60 days after

completing arguments in a sessions trial under BNSS.

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the trial of summons-
cases by magistrates is governed by Chapter 21, encompassing sections 274
to 282. The procedure involves informing the accused about the offense,
asking for a plea, and potentially allowing a guilty plea without formal charge
framing. Magistrates can convict on a guilty plea, or if the accusation is
deemed groundless, release the accused. In some cases, the accused can
plead guilty and remit the fine without appearing before the court, Lead India
 Law. The magistrate can also convert a summons-case into a warrant-case
under certain conditions, Greater Kashmir.

Here's a more detailed breakdown:

1. Initial Procedure:

 The accused is informed about the offense they are charged with.
 The accused is asked to plead guilty or make a defense.
 Formal charge framing is not always necessary.
2. Plea and Conviction:

 If the accused pleads guilty, the magistrate can record the plea and may
convict them accordingly.
 The magistrate can release the accused if the accusation is deemed
groundless after recording reasons.
3. Guilty Plea Without Appearance:

 In certain cases, the accused can plead guilty and pay the fine by post or
messenger, without appearing before the magistrate.
4. Potential Conversion to Warrant-Case:

 The magistrate may convert a summons-case into a warrant-case if the

offense is punishable with imprisonment exceeding six months and if it's in the
interest of justice.
 In such cases, the case is reheard following the procedure for warrant-cases.
5. Other Important Provisions:

 BNSS Section 278 deals with the acquittal or conviction of the accused.
 BNSS Section 279 addresses situations where the complainant is absent or
dies.
 BNSS Section 280 allows the withdrawal of a complaint.
 BNSS Section 281 empowers the court to stop proceedings in certain cases.
General provisions as to inquiries and trials in bnss
 The BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) outlines general
provisions for inquiries and trials in Chapter 26. These provisions cover
various aspects, including double jeopardy, public prosecution, legal
representation, and procedures for specific cases like corporations or
accomplices. The BNSS also addresses matters like postponing trials, local
inspections, and the examination of witnesses and accused.
Key provisions in Chapter 26 of the BNSS include:
 Double Jeopardy: A person once convicted or acquitted for an offense
cannot be tried again for the same offense.
 Appearance by Public Prosecutors: Appearance of public prosecutors in
court is a key part of the trial process.
 Legal Representation: The BNSS ensures the right of the accused to be
defended, with provisions for legal aid at state expense in certain cases.
 Procedure for Corporations: Specific procedures are outlined when a
corporation or registered society is the accused.
 Tender of Pardon to Accomplices: The law allows for the tender of pardon
to accomplices who are willing to provide evidence.
 Powers to Postpone or Adjourn Proceedings: The court has the power to
postpone or adjourn proceedings as necessary.
 Local Inspection: The BNSS allows for local inspections to be conducted by
the court.
 Examination of Accused: The accused can be examined by the court.
Other notable aspects of inquiries and trials under the BNSS:
 Trial in Absentia:
The BNSS introduces provisions for trials to be held in the absence of the
accused in certain circumstances, particularly when the accused is a
proclaimed offender and there is no immediate prospect of arrest.
 Time-Bound Inquiry:
The BNSS mandates that inquiries and trials for certain specific offenses
(e.g., those under sections 64, 66, 67, 68, and 70) be completed within two
months from the date of filing the chargesheet.
 Forensic Investigation:
Forensic investigations are mandatory for offenses punishable with seven
years of imprisonment or more.
 Electronic Mode:
 All trials, inquiries, and proceedings can be conducted in electronic mode.
 Preliminary Inquiry:
The BNSS introduces a preliminary inquiry for cognizable offenses
punishable with imprisonment of three years or more but less than seven
years, to be carried out within 14 days.

 BNSS Section 337 - Person once convicted or acquitted not to be

tried for same offence
 BNSS Section 338 - Appearance by Public Prosecutors
 BNSS Section 339 - Permission to conduct prosecution
 BNSS Section 340 - Right of person against whom proceedings are
instituted to be defended
 BNSS Section 341 - Legal aid to accused at State expense in certain
cases
 BNSS Section 342 - Procedure when corporation or registered
society is an accused
 BNSS Section 343 - Tender of pardon to accomplice
 BNSS Section 344 - Power to direct tender of pardon
 BNSS Section 345 - Trial of person not complying with conditions of
pardon
 BNSS Section 346 - Power to postpone or adjourn proceedings
 BNSS Section 347 - Local inspection
 BNSS Section 348 - Power to summon material witness, or examine
person present
 BNSS Section 349 - Power of Magistrate to order person to give
specimen signatures or handwriting, etc
 BNSS Section 350 - Expenses of Complainants and witnesses
 BNSS Section 351 - Power to Examine accused
 BNSS Section 352 - Oral arguments and memorandum of arguments
 BNSS Section 353 - Accused person to be competent witness
 BNSS Section 354 - No influence to be used to induce disclosure
 BNSS Section 355 - Provision for inquiries and trial being held in
absence of accused in certain cases
 BNSS Section 356 - Inquiry, trial or judgment in absentia of
proclaimed offender
 BNSS Section 357 - Procedure where accused does not understand
proceedings
 BNSS Section 358 - Power to Proceed against other persons
appearing to be guilty of offence
 BNSS Section 359 - Compounding of offences
 BNSS Section 360 - Withdrawal from prosecution
  BNSS Section 361 - Procedure in cases which Magistrate cannot
dispose of
 BNSS Section 362 - Procedure when after commencement of inquiry
or trial, Magistrate finds case should be committed
 BNSS Section 363 - Trial of persons previously convicted of offences
against coinage, stamp-law or property

BNSS Section 364 - Procedure when Magistrate cannot pass sen The
Bharatiya Nagarik Suraksha Sanhita (BNSS) provides for the transfer of
criminal cases under specific circumstances, as outlined in sections 446 to
452. These sections empower the Supreme Court, High Courts, Sessions
Judges, and Magistrates to transfer cases or appeals under specific
circumstances. The BNSS aims to ensure that cases are heard in the most
appropriate court and that justice is served fairly.

Key provisions related to transfer of criminal cases under BNSS:

 Supreme Court:
The Supreme Court can transfer cases from one High Court to another or
from a subordinate court of one High Court to a court of equal or superior
jurisdiction under another High Court, if it deems it expedient for the ends of
justice.
 High Court:
High Courts can also transfer cases and appeals, but they cannot transfer a
case from one Criminal Court to another in the same sessions division
unless an application has been made to the Sessions Judge and rejected.
 Sessions Judge:
Sessions Judges can transfer cases within their sessions division if they
deem it expedient for the ends of justice.
 Judicial Magistrate:
While the BNSS outlines the power of the Sessions Judge to transfer cases,
it does not explicitly grant the power of transfer to the Chief Judicial
Magistrate, as noted by the Delhi High Court.
 Reasons for transfer:
A transfer may be sought due to jurisdictional errors, potential for a
prejudicial trial, or other reasons demonstrating undue hardship or difficulty.
Important considerations:
 Application for Transfer:
Applications for transfer must be made by motion, supported by an affidavit
or affirmation, except in cases where the applicant is the Advocate-General
of the State.
 Burden of Proof:
A party seeking transfer must demonstrate a case of difficulty beyond mere
inconvenience.
 Review of Transfer Orders:
A Sessions Judge can recall a case or appeal that they have transferred to
an Additional Sessions Judge before the trial or hearing has commenced.
Example:
In the case of Radical Works Pvt. Ltd. v. Sri Padmanabh T.G, the Karnataka
High Court ruled that a Chief Judicial Magistrate cannot transfer a
case. Similarly, the Delhi High Court agreed with the rulings of other High
Courts, stating that the legislature could have specifically granted the power of
transfer to the Chief Judicial Magistrate if it had considered it proper.

 tence sufficiently severe

 BNSS Section 365 - Conviction or commitment on evidence partly
recorded by one Magistrate and partly by another
 BNSS Section 366 - Court to be open