CRPC §322 → BNSS §361
Procedure in cases which Magistrate cannot dispose of
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Comparison
322. Procedure in cases which Magistrate cannot dispose of.—(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption— (a) that he has no jurisdiction to try the case or commit it for trial, or (b) that the case is one which should be tried or committed for trial by some other Magistrate in the district, or (c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.
(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.
361.
(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption— (a) that he has no jurisdiction to try the case or commit it for trial; or (b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or (c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.
(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.
What changedAI-inferred
Procedure in cases which Magistrate cannot dispose of.
Old position
CrPC 322 is concerned with Procedure in cases which Magistrate cannot dispose of. Procedure in cases which Magistrate cannot dispose of
New position
BNSS 361 preserves the framework with drafting modernisations as required by the new code. Topic: cases which cannot dispose. If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption
BNSS 361 (cases which cannot dispose) preserves the framework of CrPC 322. BNSS 361 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 361 text: If, in the course of any inquiry into an offence or...
Editorial deltaAI-indicated (source-linked)
BNSS 361 (cases which cannot dispose) preserves the framework of CrPC 322. BNSS 361 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 361 text: If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption— (a) that he has no jurisdiction to try the case or commit it for trial; or (b) that the case is one which should be tried or committed for trial by some other...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 322 continues to apply. For matters from that date forward, BNSS 361 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 361 (cases which cannot dispose). 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 §322 → BNSS §361 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/322.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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