another.—(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re- summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged. (2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1). (3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364.
Bharatiya Nagarik Suraksha Sanhita
Section 365
Conviction or commitment on evidence partly recorded by one Magistrate and partly by
⚡ Quick Answer Reference: Section 365 BNSS
- Provision: Section 365 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 case is being tried by a Magistrate, and the Magistrate who started recording evidence is no longer able to continue, another Magistrate can take over and use the evidence already recorded. If the new Magistrate thinks it's necessary, they can also call back witnesses to give more evidence.
What does Section 365 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 365 of BNSS mean?
Plain English Explanation
When a case is being tried by a Magistrate, and the Magistrate who started recording evidence is no longer able to continue, another Magistrate can take over and use the evidence already recorded. If the new Magistrate thinks it's necessary, they can also call back witnesses to give more evidence.
Practical Interpretation
This section allows for the continuation of a trial even if the original Magistrate is no longer able to preside over it. The new Magistrate can use the evidence already recorded and, if needed, call back witnesses for further examination.
Core Legal Purpose
The core purpose of this section is to ensure that trials can continue uninterrupted, even if there is a change in the presiding Magistrate, by allowing the use of evidence already recorded and the possibility of further examination of witnesses.
- •The original Magistrate has started recording evidence in a case.
- •The original Magistrate is no longer able to continue with the trial.
- •The case is transferred to another Magistrate who has jurisdiction over the case.
- •The new Magistrate may re-summon witnesses for further examination if they deem it necessary in the interests of justice.
Practical Example of Section 365 BNSS
Rajesh is being tried for a crime in a Magistrate's court. The Magistrate who started recording evidence, Mr. Kumar, is transferred to another court. The case is now transferred to Magistrate Ms. Rao, who can use the evidence already recorded by Mr. Kumar. However, Ms. Rao thinks that further examination of one of the witnesses, Priya, is necessary to ensure justice. She re-summons Priya for further examination, cross-examination, and re-examination, and then discharges her.
Frequently Asked Questions about Section 365 BNSS
Q: What is the punishment or consequence under Section 365 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to cases being tried in a Magistrate's court, which can involve both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification. It deals with the continuation of trials and the use of evidence.
Common Questions about Section 365 BNSS
What is Section 365 of BNSS?
Section 365 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Conviction or commitment on evidence partly recorded by one Magistrate and partly by". In plain terms: When a case is being tried by a Magistrate, and the Magistrate who started recording evidence is no longer able to continue, another Magistrate can take over and use the evidence already recorded. If the new Magistrate thinks it's necessary, they can also call back witnesses to give more evidence.
What is the punishment under Section 365 of BNSS?
Section 365 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 365 of BNSS bailable or non-bailable?
Whether Section 365 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 365 of BNSS?
The essential elements of Section 365 of BNSS are: The original Magistrate has started recording evidence in a case.; The original Magistrate is no longer able to continue with the trial.; The case is transferred to another Magistrate who has jurisdiction over the case..
Landmark Judgments under Section 365 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 365
Ask Nyaya AI About Section 365
Select a pre-configured prompt to run this section through the grounded research engine.