Criminal procedure | India | Updated 17 October 2026
Section 191 CrPC: Transfer on Application of the Accused | Section 211 BNSS
A safeguard against a Magistrate who initiates cognizance on information from a person other than a police officer, or on the Magistrate's own knowledge: the accused must be informed of the right to have the case heard by another Magistrate before evidence is taken.
What does Section 191 CrPC provide?
Section 191 CrPC, titled Transfer on application of the accused, applies where a Magistrate takes cognizance under Section 190(1)(c) CrPC, namely on information received from a person other than a police officer or on the Magistrate's own knowledge that an offence has been committed.
Before any evidence is taken, the accused must be told that the accused is entitled to have the inquiry or trial conducted by another Magistrate. If any accused objects to further proceedings before the Magistrate who took cognizance, the case must be transferred to another Magistrate specified by the Chief Judicial Magistrate.
Corresponding current provision: Section 211 BNSS
Section 211 BNSS retains this safeguard, referring to cognizance under Section 210(1)(c) BNSS. It is part of Chapter XV, dealing with conditions requisite for initiation of proceedings. The essential transfer mechanism is unchanged.
Read the enacted provisions in the official NCRB BNSS text or the Bureau of Police Research and Development BNSS publication (PDF).
When is the accused entitled to request transfer?
- Particular mode of cognizance: The Magistrate must have acted under Section 190(1)(c) CrPC or Section 210(1)(c) BNSS. This safeguard does not automatically apply to every complaint or police-report case.
- Notice before evidence: The Magistrate must inform the accused of the entitlement before taking evidence.
- Objection by the accused: The accused, or any one of several accused persons, must object to the same Magistrate continuing.
- Transfer: Upon the statutory objection, the case is transferred to a Magistrate identified by the Chief Judicial Magistrate.
The provision is intended to promote procedural fairness where the Magistrate's own knowledge or non-police information formed the basis for taking cognizance. It is a specific statutory entitlement, distinct from general transfer applications made on other grounds.
How does transfer under Section 211 BNSS work?
The Magistrate takes cognizance on the ground specified in Section 210(1)(c) BNSS.
Before any evidence is taken, the Magistrate explains the entitlement to a different Magistrate.
One or more accused persons object to further proceedings before the same Magistrate. The objection should be clearly recorded.
The matter is transferred to another Magistrate specified by the Chief Judicial Magistrate.
Illustration
Suppose a Magistrate takes cognizance of an alleged offence based on information from a person who is not a police officer. Before taking evidence, the Magistrate informs the accused of the statutory right. If the accused objects, the case is to be placed before the other Magistrate specified by the Chief Judicial Magistrate.
What is the difference from ordinary transfer?
Section 211 BNSS is triggered by the source of cognizance and a timely objection. Other transfer provisions address broader grounds such as the interests of justice and are subject to their own requirements. Section 212 BNSS separately concerns making over cases to Magistrates after cognizance.
Historical state amendments: Assam and Manipur
The original CrPC article recorded the following state-specific modifications. These are preserved as historical references, not presented as automatically applicable amendments to the BNSS.
Assam
Under Assam Act 3 of 1984, Section 3(3) and the Schedule, for an offence taken cognizance of by an Executive Magistrate, the reference to the Chief Judicial Magistrate in Section 191 CrPC was to be construed as a reference to the District Magistrate.
Manipur
Under Manipur Act 3 of 1985, Section 4(2) and the Schedule, in relation to an offence taken cognizance of by a specified Executive Magistrate, the reference to the Chief Judicial Magistrate in Section 191 CrPC was to be construed as a reference to the District Magistrate.
Applicability note: Whether these earlier state amendments remain relevant to a particular pending proceeding, or whether corresponding state-specific provisions apply under the BNSS, requires checking the current state legislation, notifications and transitional law. Do not assume the old CrPC amendments automatically amend Section 211 BNSS.
Frequently asked questions
What is the new BNSS section corresponding to Section 191 CrPC?
Section 211 BNSS, titled "Transfer on application of accused".
Can the accused request transfer after evidence has begun?
The specific safeguard requires the accused to be informed before evidence is taken. A later request must be assessed under the applicable procedural law and facts; this section should not be treated as an unrestricted right to transfer at any stage.
Does Section 211 BNSS apply when cognizance is taken on a police report?
Not by its own terms. Section 211 is linked specifically to cognizance under Section 210(1)(c), rather than the police-report route in Section 210(1)(b).
Who selects the new Magistrate?
The Chief Judicial Magistrate specifies the other Magistrate to whom the case is transferred.
What if there are multiple accused persons?
The text expressly allows an objection by any one of the accused persons to trigger the statutory transfer requirement.
Official statutory references
This article provides general legal information. Application of a procedural provision to an individual case depends on the governing law, stage of proceedings, and judicial orders.