BNSS Section 365: Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 26: General Provisions as to Inquiries and Trials
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365.
(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 re-summon 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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 337. Person once convicted or acquitted not to be tried for same offence
- 338. Appearance by Public Prosecutors
- 339. Permission to conduct prosecution
- 340. Right of person against whom proceedings are instituted to be defended
- 341. Legal aid to accused at State expense in certain cases
- 342. Procedure when corporation or registered society is an accused
- 343. Tender of pardon to accomplice
- 344. Power to direct tender of pardon
- 345. Trial of person not complying with conditions of pardon
- 346. Power to postpone or adjourn proceedings
- 347. Local inspection
- 348. Power to summon material witness, or examine person present
- 349. Power of Magistrate to order person to give specimen signatures or handwriting, etc
- 350. Expenses of complainants and witnesses
- 351. Power to examine accused
- 352. Oral arguments and memorandum of arguments
- 353. Accused person to be competent witness
- 354. No influence to be used to induce disclosure
- 355. Provision for inquiries and trial being held in absence of accused in certain cases
- 356. Inquiry, trial or judgment in absentia of proclaimed offender
- 357. Procedure where accused does not understand proceedings
- 358. Power to proceed against other persons appearing to be guilty of offence
- 359. Compounding of offences
- 360. Withdrawal from prosecution
- 361. Procedure in cases which Magistrate cannot dispose of
- 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
- 363. Trial of persons previously convicted of offences against coinage, stamp-law or property
- 364. Procedure when Magistrate cannot pass sentence sufficiently severe
- 366. Court to be open