BNSS Section 361 — Procedure in cases which Magistrate cannot dispose of

CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Criminal

Summary

If a Magistrate is conducting an inquiry or trial and believes that they do not have the legal authority to handle the case, or that the case should be handled by another Magistrate in the same district, or by the Chief Judicial Magistrate, they must stop the proceedings. They then send the case to the Chief Judicial Magistrate, along with a short report explaining what the case is about. The Chief Judicial Magistrate, or another Magistrate they direct, can then either try the case themselves, send it to a subordinate Magistrate who has the authority, or commit the accused for trial.

Official Text

(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.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()

Old <-> New Code Mapping

  • CrPC §322 — Procedure in cases which Magistrate cannot dispose of