Law4u - Made in India

What Is BNSS Section 452?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 452: Making Over or Withdrawal of Cases by Executive Magistrate

Any District Magistrate or Sub-Divisional Magistrate may—

(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;

(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.

Brefe Detail

Section 452 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers District Magistrates and Sub-Divisional Magistrates to manage the proceedings of cases within their jurisdiction. They can assign cases to subordinate magistrates for disposal or withdraw cases to handle them personally or refer them to another magistrate.

Question & Answers

Q1: What authority do District Magistrates and Sub-Divisional Magistrates have under Section 452?

A1: They can make over cases for disposal to subordinate magistrates or withdraw cases to handle them personally.

Q2: Can a District Magistrate withdraw a case once it has been assigned?

A2: Yes, a District Magistrate can withdraw any case he has made over to a subordinate magistrate.

Q3: What options are available to a magistrate after withdrawing a case?

A3: After withdrawing a case, the magistrate can either dispose of it himself or refer it for disposal to another magistrate.

Q4: What does make over mean in this context?

A4: Make over refers to assigning a case for disposal to a subordinate magistrate.

Example

1. A District Magistrate makes over a pending case to a subordinate magistrate for efficient handling of the proceedings.

2. A Sub-Divisional Magistrate withdraws a case he previously assigned, deciding to manage the case himself due to its complexity.

3. After recalling a case, a District Magistrate refers it to another magistrate who specializes in that area of law for proper disposal.

Summary

Section 452 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides District Magistrates and Sub-Divisional Magistrates the authority to assign or withdraw cases within their jurisdiction. This enables them to effectively manage legal proceedings, ensuring that cases are handled efficiently and by the appropriate magistrate.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Neha Jain

Advocate Neha Jain

Banking & Finance, Breach of Contract, Divorce, GST, Family

Get Advice
Advocate Annaso Shidgonda Patil Pujari

Advocate Annaso Shidgonda Patil Pujari

Documentation,Succession Certificate,Cheque Bounce,Civil,Criminal,Motor Accident,Landlord & Tenant,Family,Divorce,Banking & Finance,Property,Labour & Service,Child Custody,Consumer Court,Recovery,Muslim Law,

Get Advice
Advocate Ajai Tiwari

Advocate Ajai Tiwari

Anticipatory Bail, Criminal, Cyber Crime

Get Advice
Advocate Prashantkumar Ekanath Nikalje

Advocate Prashantkumar Ekanath Nikalje

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery

Get Advice
Advocate Jagmohan Singh Patyal

Advocate Jagmohan Singh Patyal

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Motor Accident, Property

Get Advice
Advocate Abhijeet Dubey

Advocate Abhijeet Dubey

Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Immigration, International Law, Labour & Service, Landlord & Tenant, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue, Banking & Finance, High Court, Muslim Law, Motor Accident, Patent, Startup, Trademark & Copyright

Get Advice
Advocate  Adv. Prashant Dadaso Kamble

Advocate Adv. Prashant Dadaso Kamble

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Muslim Law, Succession Certificate

Get Advice
Advocate Duvvala Rajashekar

Advocate Duvvala Rajashekar

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.