Section 382 BNSS: Procedure of Magistrate taking cognizance
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 382 BNSS at a Glance
Section 382 BNSS deals with procedure of Magistrate taking cognizance. It replaced Section 343 CrPC on 1 July 2024.
Section 382 BNSS Bare Act Text
(1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
Source: Section 382, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 382 BNSS in Simple Words
Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a Magistrate to whom a complaint is made under Section 379 BNSS or Section 380 BNSS.
Notwithstanding anything contained in Chapter XVI, the Magistrate shall proceed, as far as may be, to deal with the case as if it were instituted on a police report.
Where it is brought to the notice of such Magistrate that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
When Section 382 BNSS Applies
- Under Section 382(1) BNSS, the section applies to a Magistrate to whom a complaint is made under Section 379 BNSS or Section 380 BNSS.
- Under Section 382(1) BNSS, such Magistrate shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
- Under Section 382(2) BNSS, where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
Example of Section 382 BNSS
When Section 382 BNSS Does Not Apply
- Section 382 BNSS speaks of a Magistrate to whom a complaint is made under Section 379 BNSS or Section 380 BNSS. It does not give the procedure for making that complaint, which is found in Section 379 BNSS and Section 380 BNSS.
- Section 382(2) BNSS speaks of adjourning the hearing of the case until an appeal pending against the decision is decided. It does not require the Magistrate to adjourn, because he may do so if he thinks fit.
Section 382 BNSS in the CrPC (Previous Law)
Section 382 BNSS replaced Section 343 CrPC from 1 July 2024.
Section 343 of the Code of Criminal Procedure, 1973 is found in Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the same heading. Section 382(1) BNSS refers to Section 379 BNSS, Section 380 BNSS and Chapter XVI where Section 343(1) CrPC referred to Section 340 CrPC, Section 341 CrPC and Chapter XV. Section 382(2) BNSS has the same text as Section 343(2) CrPC.
Each sub-section below names its own source.
FAQs on Section 382 BNSS
How does a Magistrate proceed under Section 382(1) BNSS?▼
Under Section 382(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate to whom a complaint is made under Section 379 BNSS or Section 380 BNSS shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
Can the Magistrate adjourn the hearing under Section 382(2) BNSS?▼
Under Section 382(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
Which complaints does Section 382 BNSS cover?▼
Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers a complaint made to a Magistrate under Section 379 BNSS or Section 380 BNSS.
What changed from Section 343 CrPC to Section 382 BNSS from 1 July 2024?▼
From 1 July 2024, Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 343 of the Code of Criminal Procedure, 1973. The heading is the same and the text is the same except for the cross-references. Section 382(1) BNSS refers to Section 379 BNSS and Section 380 BNSS where Section 343(1) CrPC referred to Section 340 CrPC and Section 341 CrPC. Section 382(1) BNSS refers to Chapter XVI where Section 343(1) CrPC referred to Chapter XV. Section 382(2) BNSS has the same text as Section 343(2) CrPC.
Section 382 BNSS: Sub-sections Explained
Section 382(1) BNSS: Procedure of Magistrate taking cognizance
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Bare Act Text
(1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
Section 382(2) BNSS: Procedure of Magistrate taking cognizance
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Bare Act Text
(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·