Section 326 CrPC: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Code of Criminal Procedure, 1973

Section 326 CrPC at a Glance

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

Now BNSS

Section 365 →

What Section 326 CrPC Says

326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any enquiry 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 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 Code 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 322 or in which proceedings have been submitted to a superior Magistrate under section 325.

Source: Section 326, Code of Criminal Procedure, 1973

Section 326 CrPC in Simple Words

Section 326 of the Code of Criminal Procedure, 1973 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 enquiry 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 326 CrPC Applies

Section 326(1) CrPC applies when a Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any enquiry 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 326(1) CrPC, if the succeeding Judge or Magistrate is of 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 326(2) CrPC, when a case is transferred under the provisions of the Code 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 326(1) CrPC.

Example of Section 326 CrPC

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 326(1) CrPC, 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 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 326 CrPC Does Not Apply

Section 326(3) CrPC speaks of summary trials. It does not apply to them.
Section 326(3) CrPC speaks of cases in which proceedings have been stayed under Section 322 CrPC. It does not apply to them.
Section 326(3) CrPC speaks of cases in which proceedings have been submitted to a superior Magistrate under Section 325 CrPC. It does not apply to them.

Section 326 CrPC Under BNSS 365: What Changed

Section 326 CrPC is now covered under Section 365 BNSS.

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.

View detailed comparison (CrPC 326 vs BNSS 365) →

FAQs on Section 326 CrPC

Can a succeeding Judge or Magistrate act on evidence recorded by the predecessor under Section 326 CrPC?▼

Yes. Under Section 326(1) of the Code of Criminal Procedure, 1973, where a Judge or Magistrate who has heard and recorded the whole or any part of the evidence in any enquiry 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 326 CrPC?▼

Under the proviso to Section 326(1) CrPC, if the succeeding Judge or Magistrate is of 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 326 CrPC not apply?▼

Section 326(3) CrPC speaks of summary trials, cases in which proceedings have been stayed under Section 322 CrPC, and cases in which proceedings have been submitted to a superior Magistrate under Section 325 CrPC. It does not apply to them.

Where is Section 326 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 326(1) CrPC, Section 326(2) CrPC and Section 326(3) CrPC map to Section 365(1) BNSS, Section 365(2) BNSS and Section 365(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·