(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond or bail bond under section 125, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. (2) When more accused persons than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate. (3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law.
Bharatiya Nagarik Suraksha Sanhita
Section 364
Procedure when Magistrate cannot pass sentence sufficiently severe
⚡ Quick Answer Reference: Section 364 BNSS
- Provision: Section 364 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three
- Jurisdiction: India
- Summary: When a Magistrate thinks the punishment for a guilty person is too light, they can send the case to a higher authority, the Chief Judicial Magistrate, to decide on a more severe punishment. This can happen if the Magistrate is not allowed to give the punishment they think is fair.
What does Section 364 of BNSS say?
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What does Section 364 of BNSS mean?
Plain English Explanation
When a Magistrate thinks the punishment for a guilty person is too light, they can send the case to a higher authority, the Chief Judicial Magistrate, to decide on a more severe punishment. This can happen if the Magistrate is not allowed to give the punishment they think is fair.
Practical Interpretation
In real practice, this section is used when a Magistrate feels that the punishment they can give is not sufficient for the crime. They will then send the case to the Chief Judicial Magistrate, who can then decide on a more severe punishment.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for Magistrates to seek the assistance of a higher authority when they feel that the punishment they can give is not sufficient for the crime.
- •The Magistrate must be of the opinion that the accused is guilty.
- •The Magistrate must think that the accused should receive a punishment different in kind or more severe than what they can give.
- •The Magistrate must be a Magistrate of the first class or a Magistrate of the second class who thinks the accused should be required to execute a bond or bail bond.
- •The Chief Judicial Magistrate has the power to examine the parties, recall and examine witnesses, and take further evidence before passing judgment.
Practical Example of Section 364 BNSS
Rajesh, a Magistrate of the first class, is trying a case against Amit for a serious crime. After hearing the evidence, Rajesh thinks that Amit is guilty and deserves a punishment more severe than what he can give. Rajesh records his opinion and sends the case to the Chief Judicial Magistrate, who then examines the parties, recalls and examines witnesses, and takes further evidence before passing a judgment.
Frequently Asked Questions about Section 364 BNSS
Q: What is the punishment or consequence under Section 364 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishment will be decided by the Chief Judicial Magistrate.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the procedure for Magistrates to seek the assistance of a higher authority.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with the classification of offences. The classification of offences will depend on other provisions of the BNSS.
Common Questions about Section 364 BNSS
What is Section 364 of BNSS?
Section 364 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure when Magistrate cannot pass sentence sufficiently severe". In plain terms: When a Magistrate thinks the punishment for a guilty person is too light, they can send the case to a higher authority, the Chief Judicial Magistrate, to decide on a more severe punishment. This can happen if the Magistrate is not allowed to give the punishment they think is fair.
What is the punishment under Section 364 of BNSS?
Section 364 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 364 of BNSS bailable or non-bailable?
Whether Section 364 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 364 of BNSS?
The essential elements of Section 364 of BNSS are: The Magistrate must be of the opinion that the accused is guilty.; The Magistrate must think that the accused should receive a punishment different in kind or more severe than what they can give.; The Magistrate must be a Magistrate of the first class or a Magistrate of the second class who thinks the accused should be required to execute a bond or bail bond..
Landmark Judgments under Section 364 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 364
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