Procedure when, after Commencement of inquiry or trial, Magistratefinds case should be committed
Section 323 of the Code of Criminal Procedure, 1973 deals with procedure when, after Commencement of inquiry or trial, Magistratefinds case should be committed. Procedure when, after Commencement of inquiry or trial, Magistrate finds case should be committed.If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Procedure when, after Commencement of inquiry or trial, Magistrate finds case should be committed.If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained [and thereupon the provisions of Chapter XVIII shall apply to the commitment so made].
Section 323, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 362 Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed Close, with changes 79%
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 The repealed enactment still governs what happened while it was in force.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.
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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Shantibhai J Vaghela vs State of Gujarat
Court's Decision & Legal Precedent
Commission of the offence of culpable homicide not amounting to murder under Section 304 IPC requires some positive act on the part of the accused as distinguished from silence, inaction or a mere lapse. Allegations of not carrying out a prompt search of missing children, delay in lodging formal complaint with police, and failure to take adequate measures to guard access from ashram to river, which are mere omissions, lapses and negligence, cannot make out a case of culpable homicide. Something more positive than a mere omission, lapse or negligence will have to be present to attract ingredients of Section 304 IPC, and such positive material is conspicuously absent in the FIR. In the absence of any acceptable material disclosing the commission of Section 304 offence, High Court was justified in exercising its jurisdiction to interdict investigation for that offence, though such power must be exercised sparingly and only when facts demand.
On this section: Power to alter charges in certain circumstances; Court noted availability of this power for Trial Court in future if needed
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Shiv Pal Singh Chouhan vs The State of Madhya Pradesh
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 finds case should be committed to Court of Session - must commit case if it appears at any stage that case ought to be tried by Court of Session
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 323
What have the courts held on Section 323 of the Code of Criminal Procedure?
Shantibhai J Vaghela vs State of Gujarat (09 Nov 2012) is the leading judgment on this section among those set out below: Power to alter charges in certain circumstances; Court noted availability of this power for Trial Court in future if needed. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2012 to 2023.
How do I find court cases under Section 323 of the Code of Criminal Procedure?
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: CRPC 323, section 323 CRPC, section 323 of the Code of Criminal Procedure. 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 Shantibhai J Vaghela vs State of Gujarat (09 Nov 2012).
What should I read with Section 323 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 362 (Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 323 of the Code of Criminal Procedure come into force?
Section 323 of the Code of Criminal Procedure, cited as CRPC 323, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.