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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVI: General Provisions As To Inquiries And Trials

Section 365 BNSS: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

Corresponding CrPC
Section 326 CrPC

Bare Act text

(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry 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 the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may resummon 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 Sanhita 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 361 or in which proceedings have been submitted to a superior Magistrate under section 364.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

When a Judge or Magistrate who has heard and recorded evidence ceases to have jurisdiction and is succeeded by another, the successor may act on the evidence recorded by his predecessor or partly by the predecessor and partly by himself. The section also provides the successor may re-summon witnesses and the position on trials after transfer.

Chapter XXVI: General Provisions As To Inquiries And Trials

  1. 337 Person once convicted or acquitted not to be tried for same offence
  2. 338 Appearance by Public Prosecutors
  3. 339 Permission to conduct prosecution
  4. 340 Right of person against whom proceedings are instituted to be defended
  5. 341 Legal aid to accused at State expense in certain cases
  6. 342 Procedure when corporation or registered society is an accused
  7. 343 Tender of pardon to accomplice
  8. 344 Power to direct tender of pardon
  9. 345 Trial of person not complying with conditions of pardon
  10. 346 Power to postpone or adjourn proceedings
  11. 347 Local inspection
  12. 348 Power to summon material witness, or examine person present
  13. 349 Power of Magistrate to order person to give specimen signatures or handwriting, etc
  14. 350 Expenses of complainants and witnesses
  15. 351 Power to examine accused
  16. 352 Oral arguments and memorandum of arguments
  17. 353 Accused person to be competent witness
  18. 354 No influence to be used to induce disclosure
  19. 355 Provision for inquiries and trial being held in absence of accused in certain cases
  20. 356 Inquiry, trial or judgment in absentia of proclaimed offender
  21. 357 Procedure where accused does not understand proceedings
  22. 358 Power to proceed against other persons appearing to be guilty of offence
  23. 359 Compounding of offences
  24. 360 Withdrawal from prosecution
  25. 361 Procedure in cases which Magistrate cannot dispose of
  26. 362 Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
  27. 363 Trial of persons previously convicted of offences against coinage, stamp-law or property
  28. 364 Procedure when Magistrate cannot pass sentence sufficiently severe
  29. 365 Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  30. 366 Court to be open