Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 365: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any enquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself:
Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged.
(2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1).
(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364.
Brefe Detail
Section 365 of the Bharatiya Nagarik Suraksha Sanhita, 2023 addresses the procedures for conviction or commitment when evidence is recorded by different Judges or Magistrates. Key points include:
- A succeeding Judge or Magistrate can act on evidence recorded by their predecessor.
- If further examination of witnesses is deemed necessary, the succeeding Judge or Magistrate can re-summon those witnesses.
- This section does not apply to summary trials or specific cases under sections 361 and 364.
Question & Answers
What does Section 365 pertain to?
It pertains to the conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
What can a succeeding Judge or Magistrate do with evidence recorded by their predecessor?
They may act on the evidence so recorded or partly recorded by themselves.
What happens if the succeeding Judge believes further examination of witnesses is needed?
The Judge may re-summon witnesses for further examination, cross-examination, and re-examination.
Does this section apply to summary trials?
No, it does not apply to summary trials or cases with proceedings stayed under section 361 or submitted to a superior Magistrate under section 364.
Example
- Scenario: A Magistrate records part of the evidence in a trial but then ceases to exercise jurisdiction.
Action: The succeeding Magistrate reviews the recorded evidence and continues the trial, potentially summoning witnesses for further examination if necessary.
- Scenario: A case is transferred from one Judge to another.
Action: The former Judge is considered to have ceased jurisdiction, allowing the new Judge to act on the previously recorded evidence.
Summary
Section 365 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides guidelines for handling cases where evidence is recorded by different Judges or Magistrates. It allows the succeeding authority to rely on prior recordings and to summon witnesses again if further clarification is needed, while excluding summary trials and specific case provisions from its scope.
