Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 449

BNSS 449: earlier CrPC 409

Section 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 409 of the Code of Criminal Procedure, 1973. BNSS 449 deals with withdrawal of cases and appeals by Sessions Judges. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nagarik Suraksha Sanhita

BNSS 449 was CrPC 409.

Withdrawal of cases and appeals by Sessions Judges.

Carried over
95% of the old wording kept
Old · CrPC 1973 · Ch. XXXI
s. 409
Withdrawal of cases and appeals by Session Judge
(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him.
(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.
Text from the official India Code PDF
New · BNSS 2023 · Ch. XXXIII
s. 449
Withdrawal of cases and appeals by Sessions Judges.
(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.
Text from India Code

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