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CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 364: Procedure when Magistrate cannot pass sentence sufficiently severe

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond or bail bond under section 125, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate.

(2) When more accused persons than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate.

(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 4 of our papers cite Section 364. Try these from the free papers:

  1. 1. After hearing the evidence for the prosecution and the accused, a Judicial Magistrate of the first class is of opinion that the accused is guilty and ought to receive a punishment more severe than he is empowered to inflict. Under Section 364 of the BNSS, he may:

Practise questions on Bharatiya Nagarik Suraksha Sanhita