Vidhara

The Code of Criminal Procedure, 1973

§409Withdrawal of cases and appeals by Session Judge

(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or 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 Code to another Court for trial or hearing, as the case may be.

Old law ⇄ new law

State amendments

This section has been amended in its application to Kerala. The text above is the central provision and is what applies everywhere else — these amendments are law only in the State that made them.

Reproduced from the same official PDF as the section above, as the amending Act words it — not a consolidated State version of the section. Check the source before relying on it.

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Source & version

Official text: India Code (official)

Official India Code text: The Code of Criminal Procedure, 1973 (2 of 1974), English PDF (bitstream 123456789/15272/1/the_code_of_criminal_procedure,_1973.pdf, 1,879,339 bytes) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-16. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Repealed by BNSS 2023 w.e.f. 2024-07-01. Automated parse; footnotes/amendment history excluded; illustrations restored via illustration-aware re-extraction on 2026-07-19; spot-verified; full clause-level proofread pending.

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