Procedure of Magistrate taking cognizance
Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure of Magistrate taking cognizance. A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report. The Act came into force on 01 Jul 2024.
(1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
Section 382, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 343 Procedure of Magistrate taking cognizance 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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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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David John vs State of Kerala
Decided under Code of Criminal Procedure 343, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a witness is prosecuted for perjury under Section 193 IPC following a trial, and an appeal is pending against the decision in the main judicial proceeding (filed by parties to the main case, not by the witness under Section 341 CrPC), the trial court must stay the perjury proceedings until the appellate court disposes of the appeal. This is because the appellate court may accept the witness's testimony as truthful, and allowing the perjury conviction to proceed would create an anomalous situation where the witness is convicted for perjury despite the higher court finding their testimony credible. Section 343(2) CrPC provides the legal basis for such adjournment.
On this section: Procedure of Magistrate taking cognizance of perjury complaints; Section 343(2) specifically provides for adjournment of perjury proceedings when an appeal is pending against the main judgment
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Mohan Lal Jatia vs Registrar General
Decided under Code of Criminal Procedure 343, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A complaint filed by the Registrar General of the Supreme Court under Section 340 Cr.P.C. must be treated as if instituted on a police report in accordance with Section 343(1) Cr.P.C., notwithstanding the provisions of Chapter XV relating to complaint cases. Consequently, the trial shall proceed as a warrant trial case on a police report, and pre-charge evidence recording is not required when the investigating agency (CBI) has already completed its investigation and material is available on record. The procedure under Sections 245 and 246 Cr.P.C. (applicable to warrant trial cases on complaint) does not apply to such cases.
On this section: Core provision establishing that complaints under Section 340 or 341 shall be dealt with as if instituted on police report, notwithstanding Chapter XV provisions; this is the key statutory mandate interpreted in this judgment
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 382
What have the courts held on Section 382 of the Bharatiya Nagarik Suraksha Sanhita?
David John vs State of Kerala (16 Oct 2024) is the leading judgment on this section among those set out below, though it was decided under CRPC 343, which this section replaced -- the court never mentioned this Act: Procedure of Magistrate taking cognizance of perjury complaints; Section 343(2) specifically provides for adjournment of perjury proceedings when an appeal is pending against the main judgment. Another 1 judgment on this section is set out below. They run from 2010 to 2024.
How do I find court cases under Section 382 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 382, section 382 BNSS, section 382 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 382 a series and bns 382 morningstar. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with David John vs State of Kerala (16 Oct 2024).
What should I read with Section 382 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 379 (Procedure in cases mentioned in section 215), section 380 (Appeal), so none of them can safely be read on its own. It carries forward CrPC 343 (Procedure of Magistrate taking cognizance), so the judgments decided under that provision are the case law on this one.
When did Section 382 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 382 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 382, 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 14 Oct 2026. This page is not a substitute for legal advice.