CrPC 326→BNSS 365

CrPC 326 to BNSS 365: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Section 326 CrPC (1973) replaced by Section 365 BNSS (2023)

View CrPC Section 326 →View BNSS Section 365 →

CrPC 326 to BNSS 365 at a Glance

Section 326 CrPC (Conviction or commitment on evidence partly recorded by one Magistrate and partly by another) is now Section 365 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 326 to BNSS 365?

From 1 July 2024, Section 365 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 326 of the Code of Criminal Procedure, 1973. The heading is the same. Section 365(2) BNSS reads the provisions of this Sanhita where Section 326(2) CrPC read the provisions of this Code. Section 365(3) BNSS reads Section 361 BNSS and Section 364 BNSS where Section 326(3) CrPC read Section 322 CrPC and Section 325 CrPC. The rest of the text is the same.

CrPC 326 vs BNSS 365: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section326365
HeadingConviction or commitment on evidence partly recorded by one Magistrate and partly by anotherSame
Sub-sections3 sub-sectionsSame
Cross-referencess.322, s.325s.361, s.364

CrPC 326 and BNSS 365: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 326, CrPC 1973

326. 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 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 Code 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 322 or in which proceedings have been submitted to a superior Magistrate under section 325.
BNSS 2023 (in force)

Section 365, BNSS 2023

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 inquiry 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.

When It Applies: CrPC 326 vs BNSS 365

Under CrPC 326
  1. Section 326(1) CrPC applies when a 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.
  2. In that case the succeeding Judge or Magistrate may act on the evidence recorded by the predecessor, or partly recorded by the predecessor and partly recorded by the successor.
  3. Under the proviso to Section 326(1) CrPC, if the succeeding Judge or Magistrate is of opinion that further examination of any witness whose evidence has already been recorded is necessary in the interests of Justice, the succeeding Judge or Magistrate may re-summon that witness.
  4. After such further examination, cross-examination and re-examination, if any, as the succeeding Judge or Magistrate may permit, the witness shall be discharged.
  5. Under Section 326(2) CrPC, when a case is transferred under the provisions of the Code 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 Section 326(1) CrPC.
Under BNSS 365
  1. Section 365(1) BNSS applies when a Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction.
  2. In that case the succeeding Judge or Magistrate may act on the evidence recorded by the predecessor, or partly recorded by the predecessor and partly recorded by the successor.
  3. Under the proviso to Section 365(1) BNSS, if the succeeding Judge or Magistrate is of the opinion that further examination of any witness whose evidence has already been recorded is necessary in the interests of justice, the succeeding Judge or Magistrate may re-summon that witness.
  4. After such further examination, cross-examination and re-examination, if any, as the succeeding Judge or Magistrate may permit, the witness shall be discharged.
  5. Under Section 365(2) BNSS, when a case is transferred under the provisions of the 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 Section 365(1) BNSS.

What CrPC 326 to BNSS 365 Means in Practice

From 1 July 2024, the provision in Section 326 CrPC is found in Section 365 BNSS. The differences in the text are the reference to the Sanhita in Section 365(2) BNSS and the section numbers cited in Section 365(3) BNSS.

FAQs: CrPC 326 to BNSS 365

Which sections does Section 365(3) BNSS cite?▼

Section 365(3) BNSS cites Section 361 BNSS and Section 364 BNSS where Section 326(3) CrPC cited Section 322 CrPC and Section 325 CrPC.

Did Section 365(1) BNSS use different words from Section 326(1) CrPC on the succeeding Judge or Magistrate acting on the evidence?▼

No. Section 365(1) BNSS has the same words as Section 326(1) CrPC: the Judge or Magistrate so succeeding may act on the evidence so recorded by the predecessor, or partly recorded by the predecessor and partly recorded by the successor.

Where is Section 326 CrPC found in the BNSS?▼

Section 326(1) CrPC, Section 326(2) CrPC and Section 326(3) CrPC map to Section 365(1) BNSS, Section 365(2) BNSS and Section 365(3) 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: 21 Oct 2026 ·