Section 323 CrPC: Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed

Code of Criminal Procedure, 1973

Section 323 CrPC at a Glance

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

Now BNSS

Section 362 →

What Section 323 CrPC Says

323. 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 XVIII shall apply to the commitment so made.

Source: Section 323, Code of Criminal Procedure, 1973

Section 323 CrPC in Simple Words

Section 323 of the Code of Criminal Procedure, 1973 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 XVIII of the Code shall apply to the commitment so made.

When Section 323 CrPC Applies

  • Section 323 CrPC 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 XVIII of the Code shall apply to the commitment so made.

Time Limits Under Section 323 CrPC

  • Under Section 323 CrPC, 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 323 CrPC

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 XVIII of the Code apply to the commitment so made.

When Section 323 CrPC Does Not Apply

  • Section 323 CrPC 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 323 CrPC Under BNSS 362: What Changed

Section 323 CrPC is now covered under Section 362 BNSS.

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 detailed comparison (CrPC 323 vs BNSS 362) →

FAQs on Section 323 CrPC

Can a Magistrate commit a case to the Court of Session after the inquiry or trial has begun under Section 323 CrPC?▼

Yes. Section 323 of the Code of Criminal Procedure, 1973 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 323 CrPC?▼

Section 323 CrPC speaks of any stage of the proceedings before signing the judgment.

Which Chapter applies to the commitment under Section 323 CrPC?▼

Section 323 CrPC says that thereupon the provisions of Chapter XVIII of the Code shall apply to the commitment so made.

Where is Section 323 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 323 CrPC has no sub-sections, and maps as a whole to Section 362 BNSS.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·