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
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.