Law4u - Made in India

What Is BNSS Section 362?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 362: 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 XIX shall apply to the commitment so made.

Brefe Detail

This section outlines the procedure a Magistrate must follow if, during an inquiry or trial, he determines that the case should be tried by a Court of Session. The Magistrate is required to commit the case to the appropriate Court, following the relevant provisions.

Question & Answers

What should a Magistrate do if he believes a case should be tried by the Court of Session?

The Magistrate must commit the case to the Court of Session before signing the judgment.

At what stage can a Magistrate decide to commit a case to the Court of Session?

The decision can be made at any stage of the proceedings before the judgment is signed.

What provisions apply to the commitment made by the Magistrate?

The provisions of Chapter XIX shall apply to the commitment so made.

Example

A Magistrate is conducting a trial for a serious offence. During the proceedings, he realizes that the nature of the offence requires a higher court's jurisdiction. He decides to commit the case to the Court of Session, following the required legal procedures.

Summary

Section 362 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies that if a Magistrate determines that a case should be tried by the Court of Session during an inquiry or trial, he must commit the case to that Court, adhering to the applicable legal provisions.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Venu Tandra

Advocate Venu Tandra

Civil, Child Custody, Breach of Contract, Cheque Bounce, Banking & Finance, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, Insurance, Immigration

Get Advice
Advocate S R Karoshi

Advocate S R Karoshi

Arbitration, Breach of Contract, Documentation, High Court, Patent, Supreme Court, Trademark & Copyright

Get Advice
Advocate Gaurav R Misar

Advocate Gaurav R Misar

Trademark & Copyright, Consumer Court, Breach of Contract, Anticipatory Bail, Cyber Crime

Get Advice
Advocate Dhanveer Singh

Advocate Dhanveer Singh

Anticipatory Bail,Arbitration,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Patent,Property,Recovery,Succession Certificate,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Abhinav Sharma

Advocate Abhinav Sharma

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Family, High Court, Insurance, Labour & Service, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, Revenue

Get Advice
Advocate Puneet Tandon

Advocate Puneet Tandon

GST, Tax, Court Marriage, Divorce, Family, Cheque Bounce, Banking & Finance

Get Advice
Advocate Jangkhogin Haokip

Advocate Jangkhogin Haokip

Motor Accident, Domestic Violence, Family, Civil, Criminal, Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Child Custody, Recovery

Get Advice
Advocate D Rajesh Naik

Advocate D Rajesh Naik

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Succession Certificate, Wills Trusts, Revenue

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.