191
191
Transfer on application of the accused
Code of Criminal Procedure, 1973
Chapter XIV Conditions Requisite for Initiation of Proceeding
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsFair TrialAccused RightsProcedure
🗣️ Simple Explanation
What does this law say?
Section 191 of the CrPC says that if a person is accused of a crime, and the Magistrate starts the case based on information received, the accused has the right to request that the case be moved to a different Magistrate.
Why does this law exist?
This law ensures fairness. It allows the accused to choose a different Magistrate if they feel the current one is not being impartial. This protects their right to a fair trial.
Real-life impact
Imagine Rahul is accused of theft. If the Magistrate starts the case based on a police report, Rahul can ask for the case to be moved to another Magistrate. This ensures a fair hearing.
What happens if you break this law?
This section doesn't describe a crime. It explains a procedure. There is no punishment for breaking this law.
💡 Real Life Example
Priya is accused of a minor offense. The Magistrate begins the case. Priya feels the Magistrate is biased. She uses Section 191 to request the case be transferred to a different Magistrate. The case is then moved to a new Magistrate for a fair trial.
🛡️ KNOW YOUR RIGHTS
- •Request a transfer if you believe the Magistrate is biased.
- •Be informed of your right to request a transfer before any evidence is presented.
- •Seek legal counsel to understand your rights and options.
❓ FREQUENTLY ASKED QUESTIONS
Section 191 of the CrPC gives an accused person the right to ask for their case to be moved to a different Magistrate. This happens when the Magistrate starts the case based on information received. The accused must be informed of this right before any evidence is presented. This ensures a fair trial.
Yes, under Section 191, you can request a change of Magistrate. You must object to the current Magistrate before any evidence is taken. The Chief Judicial Magistrate will then assign the case to another Magistrate. This ensures fairness and impartiality in the proceedings.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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