Section 365 BNSS: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 365 BNSS at a Glance

Section 365 BNSS deals with conviction or commitment on evidence partly recorded by one Magistrate and partly by another. It replaced Section 326 CrPC on 1 July 2024.

Was CrPC

Section 326 →

Section 365 BNSS Bare Act Text

(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.

Source: Section 365, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 365 BNSS in Simple Words

Section 365 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with conviction or commitment on evidence partly recorded by one Magistrate and partly by another.

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 the predecessor, or partly recorded by the predecessor and partly recorded by the successor.

The succeeding Judge or Magistrate may re-summon any witness if further examination is necessary in the interests of justice.

When Section 365 BNSS Applies

  • 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.
  • 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.
  • 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.
  • After such further examination, cross-examination and re-examination, if any, as the succeeding Judge or Magistrate may permit, the witness shall be discharged.
  • 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.

Example of Section 365 BNSS

Magistrate Anil hears and records part of the evidence in a trial and then ceases to exercise jurisdiction in it. Magistrate Bina, who has and exercises such jurisdiction, succeeds Magistrate Anil. Under Section 365(1) BNSS, Magistrate Bina may act on the evidence recorded by Magistrate Anil, or partly recorded by Magistrate Anil and partly recorded by Magistrate Bina. If Magistrate Bina is of the opinion that further examination of a witness already examined is necessary in the interests of justice, Magistrate Bina may re-summon that witness, and the witness shall be discharged after such further examination, cross-examination and re-examination, if any, as Magistrate Bina may permit.

When Section 365 BNSS Does Not Apply

  • Section 365(3) BNSS speaks of summary trials. It does not apply to them.
  • Section 365(3) BNSS speaks of cases in which proceedings have been stayed under Section 361 BNSS. It does not apply to them.
  • Section 365(3) BNSS speaks of cases in which proceedings have been submitted to a superior Magistrate under Section 364 BNSS. It does not apply to them.

Section 365 BNSS in the CrPC (Previous Law)

Section 365 BNSS replaced Section 326 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 365 BNSS

Can a succeeding Judge or Magistrate act on evidence recorded by the predecessor under Section 365 BNSS?▼

Yes. Under Section 365(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where a Judge or Magistrate who has heard and recorded the whole or any part of the evidence in any inquiry or a trial ceases to exercise jurisdiction 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 the predecessor, or partly recorded by the predecessor and partly recorded by the successor.

Can the succeeding Judge or Magistrate re-summon a witness under Section 365 BNSS?▼

Under the proviso to Section 365(1) BNSS, 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, the succeeding Judge or Magistrate may re-summon any such witness. After such further examination, cross-examination and re-examination, if any, as the succeeding Judge or Magistrate may permit, the witness shall be discharged.

To which cases does Section 365 BNSS not apply?▼

Section 365(3) BNSS speaks of summary trials, cases in which proceedings have been stayed under Section 361 BNSS, and cases in which proceedings have been submitted to a superior Magistrate under Section 364 BNSS. It does not apply to them.

What changed from Section 326 CrPC to Section 365 BNSS from 1 July 2024?▼

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.

Section 365 BNSS: Sub-sections Explained

Section 365(1) BNSS: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

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Bare Act Text

(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.

Previous Law

CrPC 326 → Section 365(1) BNSS

Section 365(2) BNSS: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

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Bare Act Text

(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).

Previous Law

CrPC 326(2) → Section 365(2) BNSS

Section 365(3) BNSS: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

▶

Bare Act Text

(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.

Previous Law

CrPC 326(3) → Section 365(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·