BNSS · Section 382 · Chapter XXVIII — PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Procedure of Magistrate taking cognizance.

What this section does

A Magistrate taking cognizance of a complaint under section 379 or 380 shall proceed as if the case were instituted on a police report, notwithstanding Chapter XVI provisions. If an appeal is pending against the judicial proceeding out of which the matter arose, the Magistrate may adjourn the hearing until the appeal is decided.

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

Procedure at a glance

Key actors: Magistrate

Old-law correspondence

Derived from CrPC s.343.

Read the official text

For the binding statutory text of BNSS Section 382, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 382 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.