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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 362 BNSS at a Glance

Section 362 BNSS deals with procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. It replaced Section 323 CrPC on 1 July 2024.

Was CrPC

Section 323 →

Section 362 BNSS Bare Act Text

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.

Source: Section 362, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 362 BNSS in Simple Words

Section 362 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure when, after the commencement of an inquiry or trial, the Magistrate finds that the 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.

Thereupon the provisions of Chapter XIX of the Sanhita shall apply to the commitment so made.

When Section 362 BNSS Applies

  • 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.
  • In that case the Magistrate shall commit it to the Court of Session under the provisions hereinbefore contained.
  • Thereupon the provisions of Chapter XIX of the Sanhita shall apply to the commitment so made.

Time Limits Under Section 362 BNSS

  • 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”

Example of Section 362 BNSS

A Magistrate is trying Kamal for an offence. Before signing the judgment, it appears to the Magistrate that the case is one which ought to be tried by the Court of Session. The Magistrate commits the case to the Court of Session under the provisions hereinbefore contained, and the provisions of Chapter XIX of the Sanhita apply to the commitment so made.

When Section 362 BNSS Does Not Apply

  • Section 362 BNSS speaks of an inquiry or a trial before a Magistrate. It does not deal with a trial that is already before the Court of Session.

Section 362 BNSS in the CrPC (Previous Law)

Section 362 BNSS replaces Section 323 CrPC from the old criminal code.

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.

View CrPC Section 323 →

FAQs on Section 362 BNSS

Can a Magistrate commit a case to the Court of Session after the inquiry or trial has begun under Section 362 BNSS?▼

Yes. Section 362 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that 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.

Until what point can the Magistrate commit the case under Section 362 BNSS?▼

Section 362 BNSS speaks of any stage of the proceedings before signing the judgment.

Which Chapter applies to the commitment under Section 362 BNSS?▼

Section 362 BNSS says that thereupon the provisions of Chapter XIX of the Sanhita shall apply to the commitment so made.

What changed from Section 323 CrPC to Section 362 BNSS from 1 July 2024?▼

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.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·