Section 322 CrPC: Procedure in cases which Magistrate cannot dispose of
Code of Criminal Procedure, 1973
Section 322 CrPC at a Glance
Section 322 CrPC deals with procedure in cases which Magistrate cannot dispose of. From 1 July 2024 it is replaced by Section 361 BNSS.
What Section 322 CrPC Says
322. Procedure in cases which Magistrate cannot dispose of
(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 322, Code of Criminal Procedure, 1973
Section 322 CrPC in Simple Words
Section 322 of the Code of Criminal Procedure, 1973 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 322 CrPC Applies
- Section 322(1) CrPC 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 322(1)(a) CrPC, the presumption is that the Magistrate has no jurisdiction to try the case or commit it for trial.
- Under Section 322(1)(b) CrPC, 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 322(1)(c) CrPC, 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 322(2) CrPC, 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 322 CrPC
When Section 322 CrPC Does Not Apply
- Section 322 CrPC 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 323 CrPC.
- Section 322 CrPC 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 325 CrPC.
Section 322 CrPC Under BNSS 361: What Changed
Section 322 CrPC is now covered under Section 361 BNSS.
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.
View detailed comparison (CrPC 322 vs BNSS 361) →FAQs on Section 322 CrPC
When shall a Magistrate stay the proceedings under Section 322 CrPC?▼
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 322(1) CrPC?▼
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 322(2) CrPC?▼
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.
Where is Section 322 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 322(1) CrPC is found in Section 361(1) BNSS and Section 322(2) CrPC in Section 361(2) BNSS. Section 322(1)(a) CrPC, Section 322(1)(b) CrPC and Section 322(1)(c) CrPC are found in Section 361(1)(a) BNSS, Section 361(1)(b) BNSS and Section 361(1)(c) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·