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Section 452 BNSS: Reasons to Be Recorded

Section 452 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires a Sessions Judge or Magistrate to record reasons when making specified orders concerning the transfer, withdrawal, making over or recall of criminal cases and proceedings.

Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) | In force from 1 July 2024 | Updated: 12 September 2026

Text of Section 452 BNSS

452. Reasons to be recorded. - A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it.

The provision forms part of Chapter XXXIII - Transfer of Criminal Cases. Its function is procedural but important: an authority exercising the specified transfer or withdrawal powers must state the reasons supporting the order. The recorded reasons form part of the decision-making process and make the basis of the order identifiable from the record.

Meaning and scope of Section 452

Section 452 does not itself confer a separate power to transfer or withdraw a case. Instead, it imposes a requirement on the exercise of powers found in the immediately preceding provisions. It applies when an order is made under any of the following sections:

BNSS provision Subject
Section 448 Power of Sessions Judge to transfer cases and appeals.
Section 449 Withdrawal of cases and appeals by Sessions Judges.
Section 450 Withdrawal of cases by Judicial Magistrates.
Section 451 Making over or withdrawal of cases by Executive Magistrates.

Therefore, whenever a Sessions Judge or Magistrate makes an order under any of these four provisions, Section 452 requires the reasons for the order to be recorded.

Why recording reasons matters

The statutory wording is mandatory in form: the authority shall record its reasons. In practical terms, a reasoned order helps show how and why the relevant transfer or withdrawal power was exercised. It also provides a clear record for the parties and for any superior court that may later be required to examine the order in accordance with law.

Important: Section 452 should be read together with the particular provision under which the order is being made. The legal conditions for transfer, withdrawal, recall or making over of a case are contained in Sections 448 to 451, while Section 452 adds the express duty to record reasons.

Corresponding provision under the Code of Criminal Procedure, 1973

Section 452 BNSS corresponds to Section 412 of the Code of Criminal Procedure, 1973. The older provision likewise required a Sessions Judge or Magistrate to record reasons for orders under the corresponding CrPC provisions dealing with transfer and withdrawal of cases.

CrPC, 1973 BNSS, 2023
Section 408 Section 448
Section 409 Section 449
Section 410 Section 450
Section 411 Section 451
Section 412 - Reasons to be recorded Section 452 - Reasons to be recorded

Official legal sources

Frequently asked questions

What does Section 452 BNSS require?

It requires a Sessions Judge or Magistrate making an order under Section 448, 449, 450 or 451 to record the reasons for making that order.

Does Section 452 itself give power to transfer a criminal case?

No. The relevant powers are contained in Sections 448 to 451. Section 452 imposes the additional statutory requirement that reasons be recorded when those powers are exercised.

What was the corresponding provision under the CrPC?

The corresponding provision was Section 412 of the Code of Criminal Procedure, 1973.

This page is intended for legal information and should be read with the current statutory text and applicable judicial decisions for any specific proceeding.