Law4u - Made in India

What Is BNSS Section 362?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 362: Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed

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.

Brefe Detail

This section outlines the procedure a Magistrate must follow if, during an inquiry or trial, he determines that the case should be tried by a Court of Session. The Magistrate is required to commit the case to the appropriate Court, following the relevant provisions.

Question & Answers

What should a Magistrate do if he believes a case should be tried by the Court of Session?

The Magistrate must commit the case to the Court of Session before signing the judgment.

At what stage can a Magistrate decide to commit a case to the Court of Session?

The decision can be made at any stage of the proceedings before the judgment is signed.

What provisions apply to the commitment made by the Magistrate?

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

Example

A Magistrate is conducting a trial for a serious offence. During the proceedings, he realizes that the nature of the offence requires a higher court's jurisdiction. He decides to commit the case to the Court of Session, following the required legal procedures.

Summary

Section 362 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies that if a Magistrate determines that a case should be tried by the Court of Session during an inquiry or trial, he must commit the case to that Court, adhering to the applicable legal provisions.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ashutosh Shukla

Advocate Ashutosh Shukla

Criminal, Civil, Cheque Bounce, Court Marriage, Domestic Violence, Divorce, Family, Motor Accident, Muslim Law, Succession Certificate, Startup, Property, Recovery, Anticipatory Bail

Get Advice
Advocate Illamaran

Advocate Illamaran

High Court, Domestic Violence, Divorce, Civil, Criminal

Get Advice
Advocate Satyapal Yadav

Advocate Satyapal Yadav

Criminal, Cyber Crime, Domestic Violence, Family, High Court

Get Advice
Advocate Dhaval Pandya

Advocate Dhaval Pandya

Anticipatory Bail, Cheque Bounce, Civil, Cyber Crime, Family

Get Advice
Advocate Kutub Uddin Laskar

Advocate Kutub Uddin Laskar

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Muslim Law, High Court, Consumer Court, Court Marriage, Child Custody

Get Advice
Advocate Aryan Kumar

Advocate Aryan Kumar

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Revenue

Get Advice
Advocate Aaqib Rashid

Advocate Aaqib Rashid

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Munish Kumar

Advocate Munish Kumar

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Divorce,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Medical Negligence,Motor Accident,Property,Recovery,Succession Certificate,Tax,Wills Trusts,Revenue,

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.