Code of Criminal Procedure, 1973 Section 228

(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which-

(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate³[or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate] shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.

(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.

STATE AMENDMENTS

¹Karnataka:

In section 228, in clause (a), of sub-section (1), for the words "to the Chief Judicial Magistrate and hereupon the Chief Judicial Magistrate" the words " to the Chief Judicial Magistrate or to any Judicial Magistrates competent to try the case and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred" shall be substituted.

²West B engal:

In section 228, in clause (a) of sub-section (1) of section 228, for the words "to the Chief Judicial Magistrate" and thereupon the Chief Judicial Magistrate" the words "to the Chief Judicial Magistrate or to any Judicial Magistrate competent to try the case, and thereupon the Chief Judicial Magistrate or such other Judicial Magistrate to whom the case may have been transferred" shall be substituted.

_______________________

1. Vide Karnataka Act 22 of 1994, Section 2 (w.e.f. 18-5-1994 ).

2. Vide West Bengal Act 63 of 1978, Section 3 (w.e.f . 1 -6 -1979) .

3. Substituted vide the Code of Criminal Procedure (Amendment) Act, 2005 for ", and thereupon the Chief Judicial Magistrate" .