Section 343 CrPC: Procedure of Magistrate taking cognizance

Code of Criminal Procedure, 1973

Section 343 CrPC at a Glance

Section 343 CrPC deals with procedure of Magistrate taking cognizance. From 1 July 2024 it is replaced by Section 382 BNSS.

Now BNSS

Section 382 →

What Section 343 CrPC Says

343. Procedure of Magistrate taking cognizance

(1) A Magistrate to whom a complaint is made under section 340 or section 341 shall, notwithstanding anything contained in Chapter XV, 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 343, Code of Criminal Procedure, 1973

Section 343 CrPC in Simple Words

Section 343 of the Code of Criminal Procedure, 1973 deals with a Magistrate to whom a complaint is made under Section 340 CrPC or Section 341 CrPC.

Notwithstanding anything contained in Chapter XV, 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 343 CrPC Applies

  • Under Section 343(1) CrPC, the section applies to a Magistrate to whom a complaint is made under Section 340 CrPC or Section 341 CrPC.
  • Under Section 343(1) CrPC, such Magistrate shall, notwithstanding anything contained in Chapter XV, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
  • Under Section 343(2) CrPC, 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 343 CrPC

A complaint is made to a Magistrate under Section 340 of the Code of Criminal Procedure, 1973. Under Section 343(1) CrPC, the Magistrate shall, notwithstanding anything contained in Chapter XV, proceed, as far as may be, to deal with the case as if it were instituted on a police report. If it is brought to the notice of the Magistrate that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, the Magistrate may, if the Magistrate thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided under Section 343(2) CrPC.

When Section 343 CrPC Does Not Apply

  • Section 343 CrPC speaks of a Magistrate to whom a complaint is made under Section 340 CrPC or Section 341 CrPC. It does not give the procedure for making that complaint, which is found in Section 340 CrPC and Section 341 CrPC.
  • Section 343(2) CrPC 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 343 CrPC Under BNSS 382: What Changed

Section 343 CrPC is now covered under Section 382 BNSS.

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.

View detailed comparison (CrPC 343 vs BNSS 382) →

FAQs on Section 343 CrPC

How does a Magistrate proceed under Section 343(1) CrPC?▼

Under Section 343(1) of the Code of Criminal Procedure, 1973, a Magistrate to whom a complaint is made under Section 340 CrPC or Section 341 CrPC shall, notwithstanding anything contained in Chapter XV, 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 343(2) CrPC?▼

Under Section 343(2) of the Code of Criminal Procedure, 1973, 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 343 CrPC cover?▼

Section 343 of the Code of Criminal Procedure, 1973 covers a complaint made to a Magistrate under Section 340 CrPC or Section 341 CrPC.

Where is Section 343 CrPC found in BNSS from 1 July 2024?▼

From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Section 343 CrPC is found in Section 382 BNSS. Section 343(1) CrPC is found in Section 382(1) BNSS and Section 343(2) CrPC is found in Section 382(2) BNSS.

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