Section 361 BNSS: Procedure in cases which Magistrate cannot dispose of

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 361 BNSS at a Glance

Section 361 BNSS deals with procedure in cases which Magistrate cannot dispose of. It replaced Section 322 CrPC on 1 July 2024.

Was CrPC

Section 322 →

Section 361 BNSS Bare Act Text

(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption—

(a) that he has no jurisdiction to try the case or commit it for trial; or

(b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or

(c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.

(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.

Source: Section 361, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 361 BNSS in Simple Words

Section 361 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies where, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to the Magistrate to warrant a presumption that the Magistrate has no jurisdiction to try the case or commit it for trial, that the case should be tried or committed for trial by some other Magistrate in the district, or that the case should be tried by the Chief Judicial Magistrate.

The Magistrate shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.

When Section 361 BNSS Applies

  • Section 361(1) BNSS applies in the course of any inquiry into an offence or a trial before a Magistrate in any district, when the evidence appears to the Magistrate to warrant a presumption.
  • Under Section 361(1)(a) BNSS, the presumption is that the Magistrate has no jurisdiction to try the case or commit it for trial.
  • Under Section 361(1)(b) BNSS, the presumption is that the case is one which should be tried or committed for trial by some other Magistrate in the district.
  • Under Section 361(1)(c) BNSS, the presumption is that the case should be tried by the Chief Judicial Magistrate.
  • The Magistrate shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.
  • Under Section 361(2) BNSS, the Magistrate to whom the case is submitted may, if so empowered, either try the case, or refer it to any Magistrate subordinate to that Magistrate having jurisdiction, or commit the accused for trial.

Example of Section 361 BNSS

Pradeep is the accused in a trial before a Magistrate in a district. In the course of the trial, the evidence appears to the Magistrate to warrant a presumption that the case is one which should be tried or committed for trial by some other Magistrate in the district. The Magistrate shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.

When Section 361 BNSS Does Not Apply

  • Section 361 BNSS speaks of a Magistrate who submits a case during an inquiry or trial. It does not deal with the procedure when, after commencement of inquiry or trial, the Magistrate finds the case should be committed, the subject of Section 362 BNSS.
  • Section 361 BNSS speaks of a Magistrate submitting a case to the Chief Judicial Magistrate. It does not deal with the procedure when a Magistrate cannot pass sentence sufficiently severe, the subject of Section 364 BNSS.

Section 361 BNSS in the CrPC (Previous Law)

Section 361 BNSS replaced Section 322 CrPC from 1 July 2024.

Section 361 BNSS has the same heading as Section 322 CrPC, Procedure in cases which Magistrate cannot dispose of, and the same text. Section 322(1) CrPC is found in Section 361(1) BNSS and Section 322(2) CrPC in Section 361(2) BNSS.

Each sub-section below names its own source.

FAQs on Section 361 BNSS

When shall a Magistrate stay the proceedings under Section 361 BNSS?▼

When, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to the Magistrate to warrant a presumption that the Magistrate has no jurisdiction to try the case or commit it for trial, that the case is one which should be tried or committed for trial by some other Magistrate in the district, or that the case should be tried by the Chief Judicial Magistrate.

To whom is the case submitted under Section 361(1) BNSS?▼

To the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs. The case is submitted with a brief report explaining its nature.

What may the Magistrate to whom the case is submitted do under Section 361(2) BNSS?▼

If so empowered, that Magistrate may either try the case, or refer it to any Magistrate subordinate to that Magistrate having jurisdiction, or commit the accused for trial.

What changed from Section 322 CrPC to Section 361 BNSS from 1 July 2024?▼

Section 361 BNSS has the same heading and the same text as Section 322 CrPC. Section 322(1) CrPC is found in Section 361(1) BNSS and Section 322(2) CrPC in Section 361(2) BNSS.

Section 361 BNSS: Sub-sections Explained

Section 361(1) BNSS: Procedure in cases which Magistrate cannot dispose of

▶

Bare Act Text

(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption—

(a) that he has no jurisdiction to try the case or commit it for trial; or

(b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or

(c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.

Previous Law

CrPC 322 → Section 361(1) BNSS

Section 361(2) BNSS: Procedure in cases which Magistrate cannot dispose of

▶

Bare Act Text

(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.

Previous Law

CrPC 322(2) → Section 361(2) BNSS

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·