Court of Session to send copy of finding and sentence to DistrictMagistrate
Section 365 of the Code of Criminal Procedure, 1973 deals with court of Session to send copy of finding and sentence to DistrictMagistrate. Court of Session to send copy of finding and sentence to District Magistrate.In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within who 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
Court of Session to send copy of finding and sentence to District Magistrate.In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.
CHAP
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION.
CHAPTER XXVIII
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
Section 365, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 406 Court of Session to send copy of finding and sentence to District Magistrate Close, with changes 68%
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 The repealed enactment still governs what happened while it was in force.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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Mraadul Kumar Jain vs Union of India
Court's Decision & Legal Precedent
When a criminal case is compromised or closed by a trial court, the trial court has a mandatory statutory obligation under Section 365 Cr.P.C. to forward a copy of its findings to the District Magistrate. This obligation cannot be delegated to or absolved by citing the responsibility of the Public Prosecutor under Police Regulation 519. When a citizen is wrongfully denied a fundamental right (such as passport issuance) due to the failure of government authorities to comply with their statutory obligations, the citizen is entitled to relief including restoration of the application, issuance of the document, and compensation for the inconvenience and loss caused.
On this section: The court held that Section 365 Cr.P.C. imposes a mandatory obligation on the trial court (Court of Sessions or Chief Judicial Magistrate) to forward a copy of its findings and sentence to the District Magistrate within whose local jurisdiction the trial was held. The court found that the trial court failed to comply with this provision, and this failure contributed to the passport office not receiving information about the closure of the criminal case.
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State of Maharashtra vs Sushant Suresh Kotkar
Court's Decision & Legal Precedent
When prosecution witnesses, particularly the complainant and the victim themselves, turn hostile and do not support the prosecution case in their testimony, and no other credible evidence is brought on record to establish the charges beyond reasonable doubt, the accused is entitled to acquittal. The burden of proof lies on the prosecution to establish guilt beyond reasonable doubt, and mere allegations without supporting evidence from credible witnesses are insufficient for conviction.
On this section: Sending copy of judgment to District Magistrate - Applied for sending the judgment copy to the District Magistrate for compliance report
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Rameshwar and Another vs State of U.p. and Another
Court's Decision & Legal Precedent
When an aggrieved party has an appropriate statutory remedy available under law (such as appeal under Section 372 Cr.P.C. against acquittal), an application under Section 482 Cr.P.C. for quashing proceedings is not maintainable. The High Court's inherent power under Section 482 Cr.P.C. should not be invoked when statutory remedies are available to the aggrieved party.
On this section: Notice issued against applicants for prosecution
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 365
What have the courts held on Section 365 of the Code of Criminal Procedure?
Mraadul Kumar Jain vs Union of India (14 Aug 2023) is the leading judgment on this section among those set out below: The court held that Section 365 Cr.P.C. imposes a mandatory obligation on the trial court (Court of Sessions or Chief Judicial Magistrate) to forward a copy of its findings and sentence to the District Magistrate within whose local jurisdiction the trial was held. The court found that the trial court failed to comply with this provision, and this failure contributed to the passport office not receiving information about the closure of the criminal case. Another 2 judgments on this section are set out below. They run from 2018 to 2026.
How do I find court cases under Section 365 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 365, section 365 CRPC, section 365 of the Code of Criminal Procedure. People searching for it also type crpc 365 b and 365 crpc pakistan. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Mraadul Kumar Jain vs Union of India (14 Aug 2023).
What should I read with Section 365 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 406 (Court of Session to send copy of finding and sentence to District Magistrate), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 365 of the Code of Criminal Procedure come into force?
Section 365 of the Code of Criminal Procedure, cited as CRPC 365, 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.