BNSS §362
when after commencement of inquiry or
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323. 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 1[and thereupon the provisions of Chapter XVIII shall apply to the commitment so made].
362. 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.
What changedAI-inferred
Procedure when after commencement of inquiry or trial Magistrate finds case should be committed.
Old position
CrPC 323 is concerned with Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
New position
BNSS 362 preserves the framework with drafting modernisations as required by the new code. Topic: when after commencement of inquiry or. 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
BNSS 362 (when after commencement of inquiry or) preserves the framework of CrPC 323. BNSS 362 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 362 text: If, in any inquiry into an offence or a...
Editorial deltaAI-indicated (source-linked)
BNSS 362 (when after commencement of inquiry or) preserves the framework of CrPC 323. BNSS 362 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 362 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 323 continues to apply. For matters from that date forward, BNSS 362 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 362 (when after commencement of inquiry or). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §323 → BNSS §362 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/362.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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