Code of Criminal Procedure, 1973
When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf. STATE AMENDMENT Assam In Section 191 of the Code, the reference to “Chief Judicial Magistrate” Shall, in relation to an offence taken cognizance of by an Executive Magistrate, be construed as a reference to the District Magistrate. [Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]