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BNSS · Section 361 · Chapter XXVI — GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Procedure in cases which Magistrate cannot dispose of.

What this section does

When a Magistrate conducting an inquiry or trial finds that he lacks jurisdiction, or that the case should be tried by another Magistrate or the Chief Judicial Magistrate, he shall stay proceedings and submit the case with a brief report to the CJM or such other Magistrate as directed. The receiving Magistrate may try the case himself, refer it to a subordinate Magistrate with jurisdiction, or commit the accused for trial.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Magistrate · Chief Judicial Magistrate
Time limit
None specified
Old-law correspondence

Derived from CrPC s.322.

Read the official text

For the binding statutory text of BNSS Section 361, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 361 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.