eCourtsIndia
IndiaCode Laws
Section355
The Code of Criminal Procedure, 1973

Metropolitan Magistrate's judgment

Repealed From 01 Apr 1974 Act 2 of 1974 As on 17 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 355 of the Code of Criminal Procedure, 1973 deals with metropolitan Magistrate's judgment. Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely: - (a) the serial number of the case; 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.

Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely: -

(a) the serial number of the case;

(b) the date of the commission of the offence;

(c) the name of the complainant (if any) ;

(d) the name of the accused person, and his parentage and residence ;

(e) the offence complained of or proved;

(f) the plea of the accused and his examination (if any);

(g) the final order;

(h) the date of such order;

(i) in all cases in which an appeal lies from the final order either under section 373 or under sub-section (3) of section 374, a brief statement of the reasons for the decision.

Section 355, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 286 Record in summary trials Distant match 46%

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 The repealed enactment still governs what happened while it was in force.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

  1. s. 373 Appeal from orders requiring security or refusal to accept orrejecting surety for keeping peace or good behaviour
  2. s. 374 Appeals from convictions

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.

  1. BALAMURUGAN vs SI OF POLICE MELAVALAVU PS

    Judicial Magistrate Melur,Madurai 07 Feb 2025 Persuasive (District Court) CNR: TNMD160004642025

    Court's Decision & Legal Precedent

    An accused person who is willing to admit guilt under the applicable statute may be granted a separate trial by splitting the case from co-accused, as this serves the interests of justice and procedural efficiency.

    On this section: Procedural provision under which the case splitting application is filed and decided

    Read the full order on eCourts India

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 355

What have the courts held on Section 355 of the Code of Criminal Procedure?

BALAMURUGAN vs SI OF POLICE MELAVALAVU PS (07 Feb 2025) is the leading judgment on this section among those set out below: Procedural provision under which the case splitting application is filed and decided.

How do I find court cases under Section 355 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 355, section 355 CRPC, section 355 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. 1 reported judgment on this section is set out on this page, beginning with BALAMURUGAN vs SI OF POLICE MELAVALAVU PS (07 Feb 2025).

What should I read with Section 355 of the Code of Criminal Procedure, and has it changed?

Its own text turns on section 373 (Appeal from orders requiring security or refusal to accept orrejecting surety for keeping peace or good behaviour), section 374 (Appeals from convictions), 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 286 (Record in summary trials), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 355 of the Code of Criminal Procedure come into force?

Section 355 of the Code of Criminal Procedure, cited as CRPC 355, 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

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.