Section 362 of BNSS, 2023 — Procedure When After Commencement of Inquiry or Trial, Magistrate Finds Case Should Be Committed

Introduction

Section 362 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the situation where an inquiry or trial has already commenced before a Magistrate, but the Magistrate subsequently finds that the case ought to be tried by the Court of Session.

The provision allows the Magistrate to commit the case to the Court of Session at any stage of the proceedings before signing the judgment. Once the case is committed, the provisions governing trial before a Court of Session become applicable to that commitment.

Meaning of Section 362

Section 362 applies when, during an inquiry into an offence or a trial before a Magistrate, it appears that the case is one which ought to be tried by the Court of Session.

The important feature is that the Magistrate may reach this conclusion after the inquiry or trial has already commenced.

The Magistrate must then commit the case to the Court of Session in accordance with the applicable provisions of the BNSS.

Statutory Basis

Section 362 of the BNSS, 2023 is titled “Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.”

The provision contains a single substantive rule:

• if, at any stage of the proceedings before signing the judgment, the Magistrate finds that the case ought to be tried by the Court of Session, the Magistrate shall commit the case to that Court.

Essential Elements

1. Inquiry or Trial Must Be Before a Magistrate

Section 362 applies where an inquiry into an offence or a trial is being conducted before a Magistrate.

Therefore, the provision operates within proceedings that are already pending before a Magistrate.

2. The Proceedings Must Have Commenced

The provision specifically applies after the commencement of the inquiry or trial.

The Magistrate may therefore discover the need for commitment during the course of the proceedings rather than only at the initial stage.

3. Magistrate Must Find That the Case Ought to Be Tried by the Court of Session

The Magistrate must reach the conclusion that the case is one which ought to be tried by the Court of Session.

This is the central condition for exercising Section 362.

4. Commitment Can Take Place Before Signing the Judgment

The Magistrate can exercise this power at any stage of the proceedings before signing the judgment.

Therefore, the power is not restricted to the beginning of the trial.

5. Commitment to the Court of Session Is Mandatory

Once the Magistrate finds that the case ought to be tried by the Court of Session, the statutory language requires the Magistrate to commit the case to that Court.

The provision uses the expression “he shall commit it to that Court.”

Procedure Under Section 362

Step 1: Inquiry or Trial Is Already Pending

An inquiry or trial is being conducted before a Magistrate.

Step 2: Magistrate Examines the Proceedings

During the proceedings, the Magistrate considers the material and evidence that have emerged.

Step 3: Magistrate Forms the Required Opinion

The Magistrate finds that the case ought to be tried by the Court of Session.

Step 4: Case Is Committed

The Magistrate commits the case to the Court of Session under the applicable provisions of the BNSS.

Step 5: Sessions Trial Procedure Applies

After commitment, the provisions of Chapter XIX of the BNSS, which deals with trial before a Court of Session, apply to the commitment so made.

At What Stage Can the Case Be Committed?

Section 362 permits commitment at any stage of the proceedings before signing the judgment.

This means that the Magistrate does not lose the power of commitment merely because the inquiry or trial has already progressed.

For example, if evidence recorded during the trial indicates that the case ought to be tried by the Court of Session, the Magistrate can commit the case rather than proceeding to deliver a judgment in a case that should be tried by the Sessions Court.

Why Is Section 362 Necessary?

Section 362 prevents a case from being finally decided by a Magistrate when the case ought to be tried by the Court of Session.

The provision recognises that the nature of a criminal case may become clearer as the proceedings progress. If the Magistrate subsequently finds that the case falls within the jurisdiction of the Court of Session, the matter can be committed to that Court before judgment is signed.

This protects the proper allocation of criminal jurisdiction and ensures that a case requiring Sessions Court adjudication is tried by the appropriate court.

Example

Suppose a Magistrate begins the trial of a criminal case. During the course of the trial, the evidence reveals circumstances showing that the case ought to be tried by the Court of Session.

The Magistrate has not yet signed the judgment.

In such a situation, the Magistrate must commit the case to the Court of Session under the applicable BNSS provisions. The Sessions Court will thereafter deal with the case according to the procedure governing trials before a Court of Session.

Important Distinction: Section 361 and Section 362

Section 361 — Magistrate Cannot Dispose of the Case

Section 361 deals with situations where the Magistrate cannot dispose of the case because of matters such as lack of jurisdiction or because the case should be dealt with by another Magistrate or the Chief Judicial Magistrate.

Section 362 — Case Should Be Tried by Court of Session

Section 362 specifically applies when, after commencement of an inquiry or trial, the Magistrate finds that the case ought to be tried by the Court of Session.

The key distinction is therefore the authority to which the case is ultimately sent. Section 361 primarily concerns the appropriate Magistrate or Chief Judicial Magistrate, whereas Section 362 concerns commitment to the Court of Session.

Section 362 and Sessions Trial

Once the case is committed under Section 362, the provisions of Chapter XIX of the BNSS apply to the commitment.

Chapter XIX contains the procedural framework governing trials before a Court of Session.

Thus, Section 362 serves as a procedural bridge between proceedings before a Magistrate and the subsequent Sessions trial.

BNSS and CrPC

Section 362 of the BNSS corresponds to Section 323 of the Code of Criminal Procedure, 1973 (CrPC).

The substance of the provision has substantially continued under BNSS. The core rule remains that where, during an inquiry or trial before a Magistrate and before the judgment is signed, it appears that the case ought to be tried by the Court of Session, the Magistrate must commit the case to that Court.

The BNSS provision therefore retains the essential procedural mechanism found in Section 323 of the CrPC.

Judicial Position

The corresponding provision under the CrPC has been understood as permitting the Magistrate to commit a case to the Court of Session when, during the course of the inquiry or trial, the Magistrate forms the view that the case ought to be tried by that Court.

The power is available during the proceedings and is not confined to the stage immediately after commencement.

Since Section 362 BNSS substantially retains the earlier statutory framework, judicial principles concerning the corresponding CrPC provision may remain relevant, subject to the developing interpretation of BNSS.

Common Confusions

Can a Magistrate commit a case to the Court of Session after the trial has started?

Yes.

That is precisely the situation addressed by Section 362. The Magistrate can commit the case at any stage of the proceedings before signing the judgment if the case ought to be tried by the Court of Session.

Can the Magistrate commit the case after signing the judgment?

Section 362 does not provide for commitment after the judgment has been signed.

The statutory power under this provision operates at any stage before signing the judgment.

Does Section 362 apply only at the beginning of a case?

No.

The provision specifically deals with a situation arising after commencement of the inquiry or trial.

What happens after the case is committed?

The case goes to the Court of Session, and the provisions of Chapter XIX of the BNSS apply to the commitment.

Important BNSS Provisions

• Section 361: Procedure in cases which Magistrate cannot dispose of.
• Section 362: Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed.
• Chapter XIX: Trial before a Court of Session.
• Section 232: Making over of cases to the Court of Session.

Topic at a Glance

• BNSS Section: Section 362
• Title: Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
• Corresponding CrPC provision: Section 323
• Authority: Magistrate
• Receiving Court: Court of Session
• Stage: Any stage after commencement of inquiry or trial and before signing the judgment
• Trigger: Magistrate finds that the case ought to be tried by the Court of Session
• Effect: Magistrate commits the case to the Court of Session
• Subsequent procedure: Chapter XIX of BNSS applies to the commitment

Quick Revision

• Section 362 BNSS deals with commitment of a case to the Court of Session after an inquiry or trial before a Magistrate has commenced.
• The Magistrate can exercise the power at any stage of the proceedings before signing the judgment.
• The Magistrate must find that the case ought to be tried by the Court of Session.
• Once that condition is satisfied, the Magistrate shall commit the case to the Court of Session.
• The commitment is made under the applicable provisions of the BNSS.
• Chapter XIX of BNSS applies to the commitment.
• Section 362 corresponds to Section 323 of the CrPC.
• The provision substantially continues the earlier CrPC framework.
• Section 362 should be distinguished from Section 361, which deals with cases that a Magistrate cannot dispose of and may need to be dealt with by another Magistrate or the Chief Judicial Magistrate.

ALSO READ: Section 361 – Procedure in cases which Magistrate cannot dispose of

Conclusion

Section 362 of the BNSS ensures that a case which comes to be recognised as one requiring a Sessions trial can be transferred to the proper forum even after proceedings before a Magistrate have commenced. By permitting commitment at any stage before the judgment is signed, the provision ensures that the final adjudication takes place before the Court of Session where the nature of the case requires such a trial.