Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 382: Procedure of Magistrate taking cognizance
(1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
Brief Detail
Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for Magistrates when they receive complaints under sections 379 or 380. It states that the Magistrate should handle the case as if it were initiated based on a police report, regardless of any conflicting provisions in Chapter XVI. Furthermore, if an appeal is pending regarding the previous decision related to the case, the Magistrate has the discretion to adjourn the hearing until the appeal is resolved.
What does Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?
It addresses the procedure for Magistrates when taking cognizance of complaints under sections 379 or 380.
How should a Magistrate proceed when a complaint is made under sections 379 or 380?
The Magistrate should deal with the case as if it were instituted on a police report.
What happens if there is a pending appeal related to the case?
The Magistrate may adjourn the hearing of the case until the appeal is decided if it is brought to their notice.
Can any Magistrate handle the case if it has been transferred?
Yes, any Magistrate to whom the case has been transferred can take cognizance and proceed accordingly.
What discretion does the Magistrate have regarding the hearing of the case?
The Magistrate has the discretion to adjourn the hearing at any stage if an appeal is pending.
Example
- A Magistrate receives a complaint about theft (under section 379).
- He proceeds with the case as if it was initiated by a police report.
- Later, it is revealed that an appeal is pending regarding an earlier decision in a related matter.
- The Magistrate then decides to adjourn the hearing until the appeal is resolved.
Summary
Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the procedure for Magistrates when dealing with complaints under specific sections. It emphasizes that cases should be treated as if initiated from a police report and allows for adjournments in the event of pending appeals.
