Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 449

Withdrawal of cases and appeals by Sessions Judges

In one line

BNSS Section 449 deals with withdrawal of cases and appeals by sessions judges and replaces CrPC 409.

Bare act text — BNSS 449

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.

What changed from the CrPC

  • CrPC 409 → BNSS 449: From subsection (1) "any Assistant Sessions Judge or" are excluded.

Frequently asked

What was BNSS Section 449 in the CrPC?

BNSS Section 449 (Withdrawal of cases and appeals by Sessions Judges) replaces Section 409 of the Code of Criminal Procedure, 1973. CrPC 409 is now BNSS 449.

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