Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
Section 365 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with conviction or commitment on evidence partly recorded by one Magistrate and partly by another. Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeedin The Act came into force on 01 Jul 2024.
(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself:
Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may resummon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged.
(2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1).
(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364.
Section 365, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 326 Conviction or commitment on evidence partly recorded by oneMagistrate and partly by another Text carried over almost unchanged 94%
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 The repealed enactment still governs what happened while it was in force.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.
Questions about Section 365
What does Section 365 of the Bharatiya Nagarik Suraksha Sanhita deal with?
Section 365 of the Bharatiya Nagarik Suraksha Sanhita is headed "Conviction or commitment on evidence partly recorded by one Magistrate and partly by another". Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeedin
How do I find court cases under Section 365 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 365, section 365 BNSS, section 365 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 365 section and bns 365 2. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 365 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 361 (Procedure in cases which Magistrate cannot dispose of), section 364 (Procedure when Magistrate cannot pass sentence sufficiently severe), so none of them can safely be read on its own. It carries forward CrPC 326 (Conviction or commitment on evidence partly recorded by oneMagistrate and partly by another), so the judgments decided under that provision are the case law on this one.
When did Section 365 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 365 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 365, 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.