When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 190, 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.
STATE AMENDMENT
Assam
In Section 191 of the Code, the reference to Chief Judicial Magistrate
Shall, in relation to an offence taken cognizance of by an Executive Magistrate,
be construed as a reference to the District Magistrate.
[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]
Manipur
In section 191 of the In Section 191 of the Code, the reference to "Chief
Judicial Magistrate" Shall, in relation to an offence taken cognizance of by an
Specified Executive Magistrate, be construed as a reference to the District
Magistrate.
[Vide Manipur 3 of 1985, s. 4(2) and the Schedule]
Code of Criminal Procedure (CrPC)
191 CrPC Transfer on application of the accused
192 CrPC Making over of cases to Magistrates
193 CrPC Cognizance of offences by Courts of Session
194 CrPC Additional and Assistant Sessions Judges to try cases made over to them
195A CrPC Procedure for witnesses in case of threatening, etc
197 CrPC Prosecution of Judges and public servants
198 CrPC Prosecution for offences against marriage
198A CrPC Prosecution of offences under section 498A of the Indian Penal Code
198B CrPC Cognizance of offence