BNSS Section 362 — Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed

Summary

If, at any point during an inquiry or trial before a Magistrate but before the judgment is signed, the Magistrate decides that the case should actually be tried by a Sessions Court, the Magistrate must send the case to that court. The rules for sending the case are the same as those mentioned earlier in the law, and once it is sent, the procedures in Chapter XIX will apply to that transfer.

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

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.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §323 — Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed