Conviction or commitment on evidence partly recorded by oneMagistrate and partly by another
Section 326 of the Code of Criminal Procedure, 1973 deals with conviction or commitment on evidence partly recorded by oneMagistrate and partly by another. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.(1) Whenever any [Judge or Magistrate], after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another [Ju 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.(1) Whenever any [Judge or Magistrate], after having heard and recorded the whole or any part of the evidence in an 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 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 [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, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 365 Conviction or commitment on evidence partly recorded by one Magistrate 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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… As the Magistrate was changed and the matter was tried summarily, the learned CJM, who succeeded to the Presiding Officer who had recorded the plea, was not empowered to lay his hands on the provisions of section 326[1] of Cr. P. C. because sub section [3] of the said section puts an embargo when the matter is tried summarily. Further it can be seen that after the testimony of complainant was recorded, and she closed her side for evidence, statement of the accused u/s. 313 of Code of Criminal Procedure has been recorded by …
Questions about Section 326
What does Section 326 of the Code of Criminal Procedure deal with?
Section 326 of the Code of Criminal Procedure is headed "Conviction or commitment on evidence partly recorded by oneMagistrate and partly by another". Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.(1) Whenever any [Judge or Magistrate], after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another [Ju
How do I find court cases under Section 326 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 326, section 326 CRPC, section 326 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.
What should I read with Section 326 of the Code of Criminal Procedure, 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. For anything done on or after 1 July 2024 the provision to read is BNSS 365 (Conviction or commitment on evidence partly recorded by one Magistrate and partly by another), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 326 of the Code of Criminal Procedure come into force?
Section 326 of the Code of Criminal Procedure, cited as CRPC 326, 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.