Section 191 of CrPC : Section 191: Transfer On Application Of The Accused

Explanation using Example

Imagine a scenario where a local shopkeeper is accused of selling counterfeit products. A Magistrate, under clause (c) of subsection (1) of section 190 of The Code of Criminal Procedure, 1973, takes cognizance of the offence based on the police report. As per Section 191, before any evidence is presented, the shopkeeper must be informed that he has the right to have his case transferred to another Magistrate for inquiry or trial.

If the shopkeeper expresses discomfort with the current Magistrate handling the case and objects to further proceedings, the case must be transferred. In Assam, this transfer would be to a Magistrate specified by the District Magistrate instead of the Chief Judicial Magistrate, in accordance with the state amendment.