Section 382 BNSS: Procedure of Magistrate taking cognizance (Formerly Section 343 CrPC)

Section 382 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure of Magistrate taking cognizance

Official Bare Act Text

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

(1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.

(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.

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 382

Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 343 of the CrPC, 1973) prescribes the procedure to be followed by a Magistrate who receives a complaint filed under Section 379 or 380.

Procedure as in Police Warrant Case: The Magistrate shall deal with the case as if it were instituted on a police report, dispensing with preliminary complainant examination.
Dispensing Complainant Deposition: Because the complaint is filed by a presiding judicial officer in writing, no initial examination under Section 223 BNSS is required.
Adjournment Pending Appeal: If an appeal is pending under Section 380, the Magistrate must adjourn the proceedings until the disposal of the appeal.

Key Landmark Precedents:

M.S. Ahlawat v. State of Haryana, (2000) 1 SCC 278: The Supreme Court held that the procedure under Section 343 CrPC must be strictly adhered to; courts cannot bypass the statutory complaint procedure and convict for perjury summarily without following warrant trial rules.
Chhaganlal v. State, 1971 Cri LJ 1235: Affirmed that the Magistrate taking cognizance upon a Section 340 complaint treats it on par with a police charge sheet.

Courtroom Practice & Strategic Litigation Guidance:

If a Section 382 proceeding begins while your Section 380 appeal is pending in the Sessions Court, produce the appeal filing memo and insist on a mandatory stay of proceedings under Section 382(2).