Section 362 BNSS: Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed (Formerly Section 323 CrPC)

Section 362 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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 the 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 XIX shall apply to the commitment so made.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 362

Section 362 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 323 of the CrPC, 1973) mandates that if, at any stage of inquiry or trial before judgment, it appears to the Magistrate that the case ought to be tried by the Court of Session, the Magistrate must commit the case.

Appraisal of Serious Offence: Applies where the evidence discloses an offence triable exclusively by Session or where the magnitude of the offence requires higher sentencing powers.
Commitment Before Judgment: The Magistrate may commit the case at any stage of the proceedings prior to signing and delivering judgment.
Application of Commitment Provisions: Upon deciding to commit, the Magistrate must follow the committal provisions of Section 232 BNSS.

Key Landmark Precedents:

Sanjay Gandhi v. Union of India, (1978) 2 SCC 411: The Supreme Court clarified that committal under Section 323 CrPC (Section 362 BNSS) is a judicial function exercised whenever the evidence reveals that the offence is beyond the competence or sentencing jurisdiction of the Magistrate.
Ranjit Singh v. State of Punjab, (1998) 7 SCC 149: Affirmed that the Magistrate has inherent statutory authority to commit a case to the Sessions Court if cross-cases or graver offences emerge during trial.

Courtroom Practice & Strategic Litigation Guidance:

In Magisterial trials where cross-examination or forensic analysis reveals an attempt to murder (Sec 109 BNS) or other Session-exclusive offence, move an application under Section 362 praying for commitment to the Sessions Court.