Procedure in cases which Magistrate cannot dispose of
Section 361 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure in cases which Magistrate cannot dispose of. If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption--- (a) that he has no jurisdiction to try the case or commit it for trial; The Act came into force on 01 Jul 2024.
(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption---
(a) that he has no jurisdiction to try the case or commit it for trial; or
(b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or
(c) that the case should be tried by the Chief Judicial Magistrate,
he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.
(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.
Section 361, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 322 Procedure in cases which Magistrate cannot dispose of Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shiv Pal Singh Chouhan vs The State of Madhya Pradesh
Decided under Code of Criminal Procedure 322, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Magistrate can forward a case to the Chief Judicial Magistrate under Section 325 CrPC only after hearing evidence for prosecution and defence and forming a reasoned opinion that the accused is guilty and deserves a punishment different in kind or more severe than what the Magistrate is empowered to inflict. The Magistrate cannot forward the case merely on the basis that the accused may deserve a heavier sentence without first hearing evidence and forming a reasoned opinion of guilt. The order forwarding the case must be a short but speaking and reasoned order referring to the evidence for prosecution and defence in brief. The opinion recorded by the Magistrate is not binding on the Chief Judicial Magistrate, who must pass a final judgment independently.
On this section: Procedure when Magistrate cannot dispose of case - must stay proceedings and submit case to Chief Judicial Magistrate if evidence warrants presumption that case should be tried by higher court
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Nishigandha Dhananjay Waghmare vs Dhananjay Hiralal Waghmare
Decided under Code of Criminal Procedure 322, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While the Chief Judicial Magistrate's power under Section 322 CrPC to transfer proceedings is limited to transfers within the district, and therefore the transfer from Solapur to Kalyan was technically beyond the Chief Judicial Magistrate's authority, the High Court may uphold such a transfer when the case involves a cause of action that arose in a different district and the transfer results in the case being heard in the proper jurisdiction. Substantive justice and proper forum determination may override procedural defects in the transfer order.
On this section: Section 322 CrPC grants the Chief Judicial Magistrate power to transfer proceedings, but this power is limited to transfers within the district. The court held that the Chief Judicial Magistrate of Solapur had no authority to transfer the case to Kalyan, which is in a different district (Thane). However, the court upheld the transfer because the case should have been filed in Kalyan in the first place.
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S K Sandeep Singh vs The State of Andhra Pradesh
Decided under Code of Criminal Procedure 322, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
At the stage of charge sheet, when prima facie evidence of cheating is available on record showing that money was paid to the accused on promise of job and no job was subsequently provided, the charge sheet cannot be quashed merely because the accused claims the allegations are false. The truth or falsity of allegations is a matter for trial court adjudication, not for the High Court at the preliminary stage. Additionally, jurisdictional defects, if any, should be remedied through transfer of case under Section 322 CrPC, not through quashing of charge sheet.
On this section: Procedure for transfer of case when court finds lack of jurisdiction; court held that if trial court found lack of jurisdiction, the remedy would be transfer under this section, not quashing of charge sheet.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 361
What have the courts held on Section 361 of the Bharatiya Nagarik Suraksha Sanhita?
Shiv Pal Singh Chouhan vs The State of Madhya Pradesh (20 Sep 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 322, which this section replaced -- the court never mentioned this Act: Procedure when Magistrate cannot dispose of case - must stay proceedings and submit case to Chief Judicial Magistrate if evidence warrants presumption that case should be tried by higher court. Another 2 judgments on this section are set out below. They run from 2011 to 2023.
How do I find court cases under Section 361 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 361, section 361 BNSS, section 361 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 361 2 in hindi and bns 361 3 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Shiv Pal Singh Chouhan vs The State of Madhya Pradesh (20 Sep 2023).
What should I read with Section 361 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 322 (Procedure in cases which Magistrate cannot dispose of), so the judgments decided under that provision are the case law on this one.
When did Section 361 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 361 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 361, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.