Section 192 CrPC: Making Over of Cases to Magistrates
Section 192 of the Code of Criminal Procedure, 1973 (CrPC) governed the assignment of criminal cases by a Chief Judicial Magistrate or an authorised first-class Magistrate to another competent Magistrate. Its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 212.
Section 192 CrPC: statutory provision
Marginal heading: Making over of cases to Magistrates.
Sub-section (1): Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
Sub-section (2): Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.
Section 212 BNSS: corresponding current provision
Section 212 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is also titled Making over of cases to Magistrates. Its two sub-sections retain the substance of Section 192 CrPC: the Chief Judicial Magistrate may assign a case after taking cognizance to a competent subordinate Magistrate, while an empowered first-class Magistrate may assign it to a competent Magistrate specified by the Chief Judicial Magistrate through a general or special order.
The term making over describes the allocation of a case for inquiry or trial after cognizance. It is not, by itself, a determination of guilt or a grant of jurisdiction to a court that otherwise lacks competence.
Meaning, powers and procedure
1. Taking cognizance
Taking cognizance refers to a Magistrate applying judicial mind to an alleged offence for proceeding under criminal procedure law. Section 192 CrPC and Section 212 BNSS contemplate making over the case after cognizance has been taken.
2. Chief Judicial Magistrate's power
The Chief Judicial Magistrate may make over the case to a subordinate Magistrate who is legally competent to conduct the inquiry or trial. Administrative allocation does not remove statutory limits on the receiving Magistrate's powers.
3. First-class Magistrate's delegated power
A first-class Magistrate may exercise the making-over power only when empowered by the Chief Judicial Magistrate. The receiving Magistrate must be among those specified by the Chief Judicial Magistrate through a general or special order.
4. Competence of the receiving court
The Magistrate receiving the case must have the necessary legal competence. Questions concerning territorial jurisdiction, the class of court authorised to try the offence, and other procedural requirements must be considered separately.
5. Reallocation and withdrawal
Making over a case should be distinguished from withdrawal or recall of a case. Under the BNSS, Section 450 deals with withdrawal of cases by Judicial Magistrates; it is a separate power subject to its own statutory conditions.
Which provision applies after 1 July 2024?
Section 531(1) BNSS repeals the CrPC. Section 531(2)(a) provides savings for an appeal, application, trial, inquiry or investigation pending immediately before the BNSS commenced, requiring its continuation under the former Code as specified there. Section 531 also contains provisions concerning existing notifications, powers, orders, appointments and sanctions. The precise procedural position depends on the nature and timing of the proceedings.
Historical state amendments to Section 192 CrPC
The published text of the CrPC records amendments for Assam and Manipur. These are reproduced here in substance as historical state amendments to the CrPC, not as an assertion that the same modifications automatically apply to Section 212 BNSS. Current state-specific applicability should be checked against subsequent legislation and notifications.
Assam: Assam Act 3 of 1984
Section 3(3) and the Schedule to Assam Act 3 of 1984 provided for the insertion of District Magistrate in Section 192(1). It also substituted Section 192(2) to refer to a Sub-divisional Magistrate or first-class Magistrate empowered by the District Magistrate or Chief Judicial Magistrate, as applicable, with the receiving Magistrate specified by general or special order.
Manipur: Manipur Act 3 of 1985
Section 4(2) and the Schedule to Manipur Act 3 of 1985 provided for the insertion of District Magistrate or in Section 192(1). The substituted Section 192(2) referred to a Sub-divisional Magistrate who was a Specified Executive Magistrate, or a first-class Magistrate empowered by the District Magistrate or Chief Judicial Magistrate, as applicable, and to allocation to a competent Magistrate specified by the appropriate authority.
Note: The state-amendment descriptions preserve the substantive historical material appearing in the former CrPC. They should not be treated as a consolidated statement of the law currently operative in either state without verification of later state enactments.
Frequently asked questions
What is the equivalent of Section 192 CrPC under the BNSS?
Section 212 BNSS is the corresponding provision on making over cases to Magistrates.
Can a Chief Judicial Magistrate assign a case to any Magistrate?
No. The receiving Magistrate must be subordinate to the Chief Judicial Magistrate and legally competent to conduct the inquiry or trial.
Can a first-class Magistrate make over a case independently?
Not under this provision without empowerment by the Chief Judicial Magistrate and compliance with the applicable general or special order.
Official legal texts and further reading
- Code of Criminal Procedure, 1973 - India Code official PDF
- Bharatiya Nagarik Suraksha Sanhita, 2023 - Bureau of Police Research and Development PDF
- India Code - official central legislation repository
- Government of Assam - Code of Criminal Procedure resource
This article provides general statutory information, not advice on the merits or procedural requirements of any individual criminal case.