BNSS · Section 362 · Chapter XXVI — GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.

What this section does

If at any stage of an inquiry or trial before a Magistrate, before signing the judgment, it appears that the case ought to be tried by the Court of Session, the Magistrate shall commit it to that Court. Upon such commitment, the provisions of Chapter XIX of the BNSS apply.

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

Procedure at a glance

Key actors: Magistrate · Court of Session
Time limit: Before signing the judgment

Old-law correspondence

Derived from CrPC s.323.

Read the official text

For the binding statutory text of BNSS Section 362, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 362 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.