BNSS Section 225 — Transfer of Cases After Cognizance

(When and how can a case be shifted to a different court after the Magistrate has taken notice?)

In the criminal justice system, one of the most important early steps in a case is cognizance. It means that a Magistrate has examined a complaint, police report, or facts placed before them and has recognized that an offence appears to have been committed and a case needs to proceed. Once cognizance is taken, the matter normally continues in the same court unless a legal reason arises to transfer it.

Section 225 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) lays down what happens after cognizance has been taken but before the case goes too deep into trial. It specifies the power and responsibility of the court to decide which court is actually competent to try that case.

✅ Why does Section 225 exist?

Sometimes, a Magistrate will mistakenly take cognizance of a case outside their trial jurisdiction. It may happen due to:

• The offence being more serious than initially believed

• The presence of multiple accused requiring a higher court

• A legal change during investigation

• A mistake in categorizing the offence as warrant-case or summons-case

• Evidence showing the crime falls in a different territorial jurisdiction

Without a clear rule, this might waste months of judicial time. Section 225 prevents delays and ensures the case immediately reaches the correct court.

✅ What does Section 225 require the Magistrate to do?

Once cognizance is taken, the Magistrate must:

1. Check jurisdiction carefully
2. Ensure the case is tried by the competent court
3. If they lack power to try the offence, they must:
4. • Transfer the case to the appropriate court
5. • Make a formal order with reasons

This safeguard prevents:

• Wrong procedures being used

• Null and void trials

• Appeals claiming “trial without jurisdiction”

Section 225 ensures that the right judge tries the right case from the right stage.

✅ Common real-life examples

These everyday situations help explain how Section 225 operates.

Example 1: Seriousness of the offence changes

Police report initially lists a minor charge (bailable, cognizable).

Magistrate takes cognizance.

Later, evidence reveals a graver offence, such as sexual assault or homicide.

➡ Case must be transferred to a higher Sessions Court.

Example 2: Territorial error

Crime happens in City B

Complaint filed in City A

Magistrate takes cognizance without noticing jurisdiction defect

➡ Must transfer to proper district

Example 3: Joint trial required

Two co-accused are involved in the same crime

One is already before a Sessions Court

➡ For fairness and consistency, the Magistrate transfers the remaining matter so they can be tried together

✅ What is “cognizance” and why does timing matter?

Cognizance does not mean guilt or innocence.

It simply means the Magistrate acknowledges:

“There is enough merit to proceed under criminal law.”

Timing matters because:

Before cognizance → police control the case flow

After cognizance → judicial supervision begins

Section 225 works in this transition zone to ensure the transition happens in the correct court.

✅ Relationship with other BNSS provisions

• Section 219 deals with transfer of cases before cognizance

• Section 227 deals with commitment of cases to Sessions Court

• Section 129 governs what offences are triable by whom

• Section 190 governs taking of cognizance

Section 225 sits at an important mid-point:

Investigation → Cognizance → Trial Court Allocation

It ensures that the allocation is not wrong.

✅ Benefits for accused persons

A wrong court means:

• Delay in bail hearings

• Incorrect classification of rights

• Possibility of retrial if conviction challenged

Section 225 protects rights by:

✔ Ensuring trial by the lawful court

✔ Preventing double handling

✔ Allowing a fair forum based on the seriousness of charges

✅ Benefits for victims and complainants

Victim-centric justice improves when:

• Cases do not bounce between courts

• Correct judge can monitor progress

• Serious offences receive serious judicial attention

Section 225 supports speed and clarity, avoiding administrative hurdles that harm victims.

✅ Benefits for police and prosecutors

Without Section 225:

• Police might need to re-file paperwork

• Prosecutors would need fresh sanction orders

• Evidence could be questioned as invalid

This provision ensures:

✔ No duplication

✔ No procedural collapse

✔ No technical dismissals

The criminal process becomes more efficient and uniform across India.

✅ Quality control for the judiciary

Section 225 requires a Magistrate to:

• Act with caution

• Review the legal nature of the case

• Prevent avoidable nullity in trial procedure

Courts frequently handle thousands of cases. This provision ensures consistency and reduces appellate load where convictions are challenged only due to jurisdictional mistakes.

✅ What if the Magistrate fails to transfer correctly?

While BNSS does not explicitly criminalize such failure, courts have historically held (under CrPC precedents) that:

• Jurisdictional errors can render trial proceedings invalid

• Higher courts can set aside judgement

• Retrial may be ordered, wasting years of effort

Section 225 encourages early correction, not late regret.

✅ In summary

Section 225 is a safeguard against wrong-court trials.

It emphasizes:

• Proper jurisdiction

• Efficient justice

• Rights of all parties

• Reduction in future challenges

If the Magistrate who takes cognizance cannot try the case,

they must transfer it to the competent court.

This rule might seem simple, but it protects the entire foundation of criminal trials. A court must have the authority to punish. A correct beginning ensures a lawful and meaningful end.