What Is BNSS Section 362?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 362: Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed

If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XIX shall apply to the commitment so made.

Brefe Detail

This section outlines the procedure a Magistrate must follow if, during an inquiry or trial, he determines that the case should be tried by a Court of Session. The Magistrate is required to commit the case to the appropriate Court, following the relevant provisions.

Question & Answers

What should a Magistrate do if he believes a case should be tried by the Court of Session?

The Magistrate must commit the case to the Court of Session before signing the judgment.

At what stage can a Magistrate decide to commit a case to the Court of Session?

The decision can be made at any stage of the proceedings before the judgment is signed.

What provisions apply to the commitment made by the Magistrate?

The provisions of Chapter XIX shall apply to the commitment so made.

Example

A Magistrate is conducting a trial for a serious offence. During the proceedings, he realizes that the nature of the offence requires a higher court's jurisdiction. He decides to commit the case to the Court of Session, following the required legal procedures.

Summary

Section 362 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies that if a Magistrate determines that a case should be tried by the Court of Session during an inquiry or trial, he must commit the case to that Court, adhering to the applicable legal provisions.