CrPC 322 vs BNSS 361: Procedure in cases which Magistrate cannot dispose of
Section 322 of the Code of Criminal Procedure is now section 361 of the Bharatiya Nagarik Suraksha Sanhita, in force from 1 July 2024. The wording is the same.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
CrPC section 322Procedure 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.
BNSS section 361Procedure 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.
Text of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.