Metropolitan Magistrate's Judgment: CrPC 355 Omitted in BNSS

What Happened to CrPC 355?

Under Section 355 of the Code of Criminal Procedure, 1973, a Metropolitan Magistrate had to record specified case particulars instead of a full judgment, adding brief reasons only where an appeal lay under Section 373 CrPC or Section 374(3) CrPC. In the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the Code from 1 July 2024, the official comparison tables list no BNSS section for Section 355 CrPC, and the Sanhita has no section in its place.

CrPC 355 Has No Corresponding BNSS Section

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. The official comparison tables list no section of the Sanhita for Section 355 CrPC (Metropolitan Magistrate's judgment).

What CrPC 355 Means in Practice

From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 contains no provision corresponding to Section 355 of the Code of Criminal Procedure, 1973. As a result, the Sanhita provides no separate procedure under which a Metropolitan Magistrate records only the list of particulars set out in Section 355 CrPC instead of a regular judgment.

FAQs: CrPC 355

Does the Bharatiya Nagarik Suraksha Sanhita, 2023 have a section corresponding to Section 355 CrPC?▼

No. The official comparison tables between the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023 list no BNSS section corresponding to Section 355 CrPC. From 1 July 2024, the Sanhita has no section in place of Section 355 CrPC that prescribes a separate list of judgment particulars to be recorded by a Metropolitan Magistrate.

What did Section 355 CrPC provide before the Bharatiya Nagarik Suraksha Sanhita, 2023 took effect?▼

Until 30 June 2024, Section 355 of the Code of Criminal Procedure, 1973 required a Metropolitan Magistrate to record specific particulars instead of a full judgment. These particulars covered the case serial number, the offence date, party details, the offence complained of or proved, the plea and any examination of the accused, the final order and its date, and brief reasons where an appeal lay under Section 373 CrPC or Section 374(3) CrPC.