Section 410 CrPC - Withdrawal of Cases by Judicial Magistrates

Section 410 of the Code of Criminal Procedure, 1973 empowered Judicial Magistrates to withdraw or recall cases assigned to other Magistrates. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 450 BNSS.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the saving and transitional provisions in Section 531 BNSS. The applicable procedure in a particular case depends on its commencement and procedural history.

Text of Section 410 CrPC, 1973

410. Withdrawal of cases by Judicial Magistrates.

(1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 192 to any other Magistrate and may inquire into or try such cases himself.

Meaning and scope of Section 410 CrPC

The provision concerns administrative and judicial control over the allocation of criminal cases among Magistrates. A withdrawal brings a case back from a subordinate Magistrate, while a recall retrieves a case previously made over by the Magistrate exercising the power. Neither action, by itself, amounts to withdrawal of the criminal prosecution or acquittal of an accused.

Section 410(1): Powers of the Chief Judicial Magistrate

The Chief Judicial Magistrate (CJM) could withdraw a case pending before a subordinate Magistrate or recall a case previously assigned by the CJM. After doing so, the CJM could inquire into or try the case personally, or assign it to another Magistrate who was legally competent to handle it.

Section 410(2): Recall by a Judicial Magistrate

A Judicial Magistrate could recall a case that the Magistrate had made over under Section 192(2) CrPC to another Magistrate, and could then inquire into or try that case personally. This power is tied to the Magistrate's own earlier assignment of the case.

Section 450 BNSS, 2023 - Current corresponding law

Section 450 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains substantially the same powers. Its two sub-sections provide:

450. Withdrawal of cases by Judicial Magistrates.

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212 to any other Magistrate and may inquire into or try such cases himself.

The important cross-reference is now Section 212(2) BNSS, corresponding to Section 192(2) CrPC. Section 212 addresses the making over of cases to Magistrates.

Practical requirements and limitations

Competent court: A reassigned case must go to a Magistrate legally competent to inquire into or try it.
Scope of authority: The CJM's power under sub-section (1) concerns subordinate Magistrates; sub-section (2) concerns a case previously made over by the recalling Judicial Magistrate.
Reasons for order: Section 452 BNSS requires a Magistrate making an order under Section 450 to record reasons. The corresponding former requirement was Section 412 CrPC.
No automatic termination: Withdrawal or recall changes the court dealing with the case; it does not automatically dispose of the criminal charges.

Section 448 BNSS / Section 408 CrPC: Power of Sessions Judge to transfer cases and appeals. Section 449 BNSS / Section 409 CrPC: Withdrawal of cases and appeals by Sessions Judges. Section 451 BNSS / Section 411 CrPC: Making over or withdrawal of cases by Executive Magistrates. Section 452 BNSS / Section 412 CrPC: Reasons to be recorded.

Frequently asked questions

What is Section 410 CrPC?

It is the former procedural provision authorising a Chief Judicial Magistrate and, in specified circumstances, a Judicial Magistrate to withdraw or recall criminal cases assigned to other Magistrates.

What is the equivalent of Section 410 CrPC under BNSS?

The corresponding provision is Section 450 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Can a Chief Judicial Magistrate transfer a recalled case to another Magistrate?

Yes. Section 450(1) BNSS permits referral to another subordinate Magistrate competent to inquire into or try the case.

Must reasons be recorded for withdrawing a case?

Yes. Section 452 BNSS requires reasons to be recorded for an order under Section 450.

Official legislation and further reading

This article provides general legal information. The applicable statute, transitional provisions and judicial orders should be checked for the particular proceeding.