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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 211 – BNSS | Transfer on application of accused.

Section 211 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 211 – BNSS | Transfer on application of accused. When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, 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.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 210 – BNSS | Cognizance of offences by Magistrate.

Section 210 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 210 – BNSS | Cognizance of offences by Magistrate. (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence—(a) upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence;(b) upon a police report (submitted in any mode including electronic mode) of such facts;(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 209 – BNSS | Receipt of evidence relating to offences committed outside India.

Section 209 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 209 – BNSS | Receipt of evidence relating to offences committed outside India. When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 208 – BNSS | Offence committed outside India.

Section 208 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 208 – BNSS | Offence committed outside India. When an offence is committed outside India—(a) by a citizen of India, whether on the high seas or elsewhere; or(b) by a person, not being such citizen, on any ship or aircraft registered in India,he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found or where the offence is registered in India: Provided that notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 207 – BNSS | Power to issue summons or warrant for offence committed beyond local jurisdiction.

Section 207 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 207 – BNSS | Power to issue summons or warrant for offence committed beyond local jurisdiction. (1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 197 to 205 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under any law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction andcompel such person in the manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond or bail bond for his appearance before the Magistrate having such jurisdiction.(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 206 – BNSS | High Court to decide, in case of doubt, district where inquiry or trial shall take place

Section 206 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 206 – BNSS | High Court to decide, in case of doubt, district where inquiry or trial shall take place Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided—(a) if the Courts are subordinate to the same High Court, by that High Court;(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 205 – BNSS | Power to order cases to be tried in different sessions divisions

Section 205 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 205 – BNSS | Power to order cases to be tried in different sessions divisions Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division: Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Sanhita or any other law for the time being in force.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 204 – BNSS | Place of trial for offences triable together

Section 204 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 204 – BNSS | Place of trial for offences triable together Where—(a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or(b) the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 246, the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 203 – BNSS | Offence committed on journey or voyage

Section 203 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 203 – BNSS | Offence committed on journey or voyage When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 202 – BNSS | Offences committed by means of electronic communications, letters, etc

Section 202: Bharatiya Nagarik Suraksha Sanhita, 2023 Section 202 – BNSS | Offences committed by means of electronic communications, letters, etc (1) Any offence which includes cheating, may, if the deception is practised by means of electronic communications or letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such electronic communications or letters or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person.(2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage, or the wife by the first marriage has taken up permanent residence after the commission of the offence.

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