Section 355 CrPC: Metropolitan Magistrate's judgment
Code of Criminal Procedure, 1973
Section 355 CrPC at a Glance
Section 355 CrPC dealt with metropolitan Magistrate's judgment. It has no corresponding section in the BNSS, which replaced the CrPC from 1 July 2024.
What Section 355 CrPC Says
355. Metropolitan Magistrate's judgment
Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely:—
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the name of the complainant (if any);
(d) the name of the accused person, and his parentage and residence;
(e) the offence complained of or proved;
(f) the plea of the accused and his examination (if any);
(g) the final order;
(h) the date of such order;
(i) in all cases in which an appeal lies from the final order either under section 373 or under sub-section (3) of section 374, a brief statement of the reasons for the decision.
Source: Section 355, Code of Criminal Procedure, 1973
Section 355 CrPC in Simple Words
Section 355 of the Code of Criminal Procedure, 1973 set out a shortened format for judgments delivered by a Metropolitan Magistrate. Instead of writing a full judgment in the manner provided earlier in the Code, the Metropolitan Magistrate shall record only a fixed list of case particulars.
These cover the identifying details of the case and the parties, the offence, the plea and any examination of the accused, and the final order with its date. Brief reasons for the decision are required only when an appeal lies under Section 373 CrPC or Section 374(3) CrPC.
When Section 355 CrPC Applies
- When delivering a decision under Section 355 of the Code of Criminal Procedure, 1973, a Metropolitan Magistrate shall record a specified list of particulars instead of writing a full judgment in the standard format prescribed earlier in the Code.
- The Metropolitan Magistrate shall record the case serial number, the date the offence was committed, the name of the complainant if any, and the name, parentage, and residential address of the accused.
- The record under Section 355 CrPC shall state the offence that was alleged or proved, the plea entered by the accused along with any examination of the accused, the final order, and the date of that order.
- Where the final order can be appealed under Section 373 CrPC or Section 374(3) CrPC, the Metropolitan Magistrate shall also record a brief statement of reasons for the decision.
Example of Section 355 CrPC
When Section 355 CrPC Does Not Apply
- Section 355 of the Code of Criminal Procedure, 1973 does not apply when a judgment is recorded by a court or magistrate other than a Metropolitan Magistrate.
- The requirement under Section 355(i) CrPC to record brief reasons for the decision does not apply when no appeal lies from the final order under Section 373 CrPC or Section 374(3) CrPC.
- The requirement under Section 355(c) CrPC to record the name of the complainant does not apply in a case where there is no complainant.
No Corresponding BNSS Section
Section 355 CrPC has no counterpart in the Bharatiya Nagarik Suraksha Sanhita, 2023.
FAQs on Section 355 CrPC
What particulars must a Metropolitan Magistrate record in a judgment under Section 355 CrPC?▼
Instead of recording a full judgment in the manner provided earlier in the Code of Criminal Procedure, 1973, a Metropolitan Magistrate shall record the serial number of the case, the date of the commission of the offence, and the name of the complainant if any. The Magistrate shall also record the name, parentage, and residence of the accused, the offence complained of or proved, the plea and any examination of the accused, the final order, and the date of that order.
When must a Metropolitan Magistrate record reasons for the decision under Section 355 CrPC?▼
A Metropolitan Magistrate shall record a brief statement of the reasons for the decision only in cases where an appeal lies from the final order under Section 373 of the Code of Criminal Procedure, 1973 or under Section 374(3) CrPC. Section 355(i) CrPC makes this brief statement of reasons mandatory in all such appealable cases. Where no appeal lies under either of those provisions, Section 355 CrPC does not require the Magistrate to record reasons.
What details about the parties must be recorded under Section 355 CrPC?▼
For the complainant, Section 355(c) of the Code of Criminal Procedure, 1973 requires the Metropolitan Magistrate to record the name of the complainant if any in the case. For the accused person, Section 355(d) CrPC requires the Magistrate to record the name of the accused person, the parentage of the accused, and the residence of the accused. In addition, Section 355(f) CrPC requires the Magistrate to record the plea of the accused and any examination of the accused.
Which provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 355 CrPC?▼
The Code of Criminal Procedure, 1973 stood in force until 30 June 2024 and was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The official comparison tables between the Code and the Sanhita list no BNSS section corresponding to Section 355 CrPC. The Sanhita has no section in place of Section 355 CrPC for recording a separate judgment format by a Metropolitan Magistrate.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·