Description
When a Magistrate takes cognizance of an offence under clause (c) of Sub-Section (1) of Section 190, the following procedure shall be followed:
Informing the Accused
- Before any evidence is recorded, the accused shall be informed of their right to have the case inquired into or tried by another Magistrate.
Objection by the Accused
- If the accused (or any of the accused, in case of multiple accused) objects to further proceedings before the same Magistrate, the case shall be transferred.
Transfer of the Case
- The case shall be transferred to another Magistrate as specified by the Chief Judicial Magistrate in this regard.
