Lawgist191Transfer on application of the accused
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.]
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- 190 Cognizance of offences by Magistrates
- 191 Transfer on application of the accused
- 192 Making over of cases to Magistrates
- 193 Cognizance of offences by Courts of Session
- 194 Additional and Assistant Sessions Judges to try cases made over to them
- 195 Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
- 195A Procedure for witnesses in case of threatening, etc
- 196 Prosecution for offences against the State and for criminal conspiracy to commit such offence
- 197 Prosecution of Judges and public servants
- 198 Prosecution for offences against marriage
- 198A Prosecution of offences under section 498A of the Indian Penal Code
- 198B Cognizance of offence
- 199 Prosecution for defamation
