Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
What this section does
A succeeding Judge or Magistrate who takes over a case may act on evidence already recorded by the predecessor, or on evidence partly recorded by the predecessor and partly by himself; if further examination of witnesses is necessary in the interests of justice, the succeeding Judge or Magistrate may re-summon them. A transfer of a case under the Sanhita causes the transferring Judge or Magistrate to be deemed to have ceased jurisdiction and the receiving one to have succeeded. This section does not apply to summary trials, cases stayed under section 361, or cases submitted to a superior Magistrate under section 364.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Judge · Magistrate
- Time limit
- None specified
Derived from CrPC s.326.
Read the official text
For the binding statutory text of BNSS Section 365, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 365 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.