CrPC § 409 · Code of Criminal Procedure, 1973 · Repealed on 1 July 2024

Section 409 CrPC — Withdrawal of cases and appeals by Sessions Judges

Replaced from 1 July 2024 by BNSS 449 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the CrPC.

The law now: BNSS 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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNSS 449 in full

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