Section 326
Section 326 of the Code of Criminal Procedure Act. Whenever any [Judge or Magistrate], after having heard and recorded the whole or any part of the evidence in any enquiry 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 su
(1) Whenever any [Judge or Magistrate], after having heard and recorded the whole or any part of the evidence in any enquiry 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 opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of Justice, he may re-summon 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 Code 2[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 322 or in which proceedings have been submitted to a superior Magistrate under section 325.
Section 326, The Code of Criminal Procedure Act (Act 2 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 326
How do I find court cases under Section 326 of the Code of Criminal Procedure Act?
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: Code Criminal Procedure Act 326, section 326 Code Criminal Procedure Act, section 326 of the Code of Criminal Procedure Act. 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 326 of the Code of Criminal Procedure Act, and has it changed?
Its own text turns on section 322 (Procedure in cases which Magistrate cannot dispose of), section 325 (Procedure when Magistrate cannot pass sentence sufficiently severe), so none of them can safely be read on its own.
When was the Code of Criminal Procedure Act enacted?
Code of Criminal Procedure Act was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
Other sections of this Act
- 484. Repeal and savings25553 words
- 320. Compounding of offences1305 words
- 164. Recording of confessions and statements1142 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1114 words
- 437. When bail may be taken in case of non-bailable offence998 words
- 220. Trial for more than one offence960 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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/aedad03b-d75d-4ad4-8833-2e467cc050cc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.