CrPC 323→BNSS 362

CrPC 323 to BNSS 362: Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed

Section 323 CrPC (1973) replaced by Section 362 BNSS (2023)

View CrPC Section 323 →View BNSS Section 362 →

CrPC 323 to BNSS 362 at a Glance

Section 323 CrPC (Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed) is now Section 362 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 323 to BNSS 362?

From 1 July 2024, Section 362 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 323 of the Code of Criminal Procedure, 1973. The heading is the same. Section 362 BNSS reads Chapter XIX of the Sanhita where Section 323 CrPC read Chapter XVIII of the Code. The rest of the text is the same.

CrPC 323 vs BNSS 362: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section323362
HeadingProcedure when, after commencement of inquiry or trial, Magistrate finds case should be committedSame

CrPC 323 and BNSS 362: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 323, CrPC 1973

323. 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 XVIII shall apply to the commitment so made.
BNSS 2023 (in force)

Section 362, BNSS 2023

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.

When It Applies: CrPC 323 vs BNSS 362

Under CrPC 323
  1. Section 323 CrPC applies in any inquiry into an offence or a trial before a Magistrate, if 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.
  2. In that case the Magistrate shall commit it to the Court of Session under the provisions hereinbefore contained.
  3. Thereupon the provisions of Chapter XVIII of the Code shall apply to the commitment so made.
Under BNSS 362
  1. Section 362 BNSS applies in any inquiry into an offence or a trial before a Magistrate, if 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.
  2. In that case the Magistrate shall commit it to the Court of Session under the provisions hereinbefore contained.
  3. Thereupon the provisions of Chapter XIX of the Sanhita shall apply to the commitment so made.

Time Limits: CrPC 323 to BNSS 362

Under CrPC 323
  • Under Section 323 CrPC, the Magistrate acts if it appears to him at any stage of the proceedings before signing the judgment that the case ought to be tried by the Court of Session.Act text: “at any stage of the proceedings before signing the judgment”
Under BNSS 362
  • Under Section 362 BNSS, the Magistrate acts if it appears to him at any stage of the proceedings before signing the judgment that the case ought to be tried by the Court of Session.Act text: “at any stage of the proceedings before signing the judgment”

What CrPC 323 to BNSS 362 Means in Practice

From 1 July 2024, the provision in Section 323 CrPC is found in Section 362 BNSS. The only difference in the text is the Chapter number cited for the commitment so made.

FAQs: CrPC 323 to BNSS 362

Which Chapter does Section 362 BNSS cite for the commitment?▼

Section 362 BNSS cites Chapter XIX of the Sanhita where Section 323 CrPC cited Chapter XVIII of the Code.

Did Section 362 BNSS use different words from Section 323 CrPC on when the Magistrate may commit the case?▼

No. Section 362 BNSS has the same words as Section 323 CrPC: it appears to the Magistrate 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.

Where is Section 323 CrPC found in the BNSS?▼

Section 323 CrPC has no sub-sections, and maps as a whole to Section 362 BNSS.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·