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Section 191: Transfer on application of the accused

The Code of Criminal Procedure, 1973Central Act · 1973

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023, with effect from 1 July 2024

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]

Where this provision sits

ActThe Code of Criminal Procedure, 1973
Section191
Marginal noteTransfer on application of the accused
JurisdictionCentral
StatusRepealed
Judgments citing it4

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