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BNSS · Section 449 · Chapter XXXIII — TRANSFER OF CRIMINAL CASES

Withdrawal of cases and appeals by Sessions Judges.

What this section does

A Sessions Judge may withdraw or recall any case or appeal made over to a Chief Judicial Magistrate subordinate to him at any time. Before trial or hearing commences before an Additional Sessions Judge, the Sessions Judge may also recall a case or appeal made over to that judge. After withdrawal or recall, the Sessions Judge may try or hear the matter himself or transfer it to another court.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Sessions Judge · Additional Sessions Judge · Chief Judicial Magistrate
Time limit
Recall from Additional Sessions Judge must occur before trial or hearing has commenced
Old-law correspondence

Derived from CrPC s.409.

Read the official text

For the binding statutory text of BNSS Section 449, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 449 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.