(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.
Bharatiya Nagarik Suraksha Sanhita
Section 382
Procedure of Magistrate taking cognizance
Englishहिंदी
⚡ Quick Answer Reference: Section 382 BNSS
- Provision: Section 382 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- Jurisdiction: India
- Summary: When a complaint is made to a Magistrate under sections 379 or 380, they will handle the case as if it were a police report. If an appeal is pending against a previous decision, the Magistrate can adjourn the hearing until the appeal is decided.
Statutory Content
What does Section 382 of BNSS say?
Indian StandardSection 382, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 382 (India)
Court Pleading StandardSection 382 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/382
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 382 of BNSS mean?
Plain English Explanation
When a complaint is made to a Magistrate under sections 379 or 380, they will handle the case as if it were a police report. If an appeal is pending against a previous decision, the Magistrate can adjourn the hearing until the appeal is decided.
Practical Interpretation
In real practice, this section means that Magistrates can take immediate action on complaints without waiting for a police report. However, if there's an ongoing appeal, they can delay the hearing until the appeal is resolved.
Core Legal Purpose
The core purpose of this section is to streamline the process of dealing with complaints made to Magistrates, ensuring that they can take swift action while also considering any ongoing appeals.
Key Legal Elements
- •A complaint must be made under sections 379 or 380.
- •The complaint must be made to a Magistrate.
- •The Magistrate must proceed to deal with the case as if it were a police report.
- •If an appeal is pending, the Magistrate can adjourn the hearing until the appeal is decided.
Practical Example
Practical Example of Section 382 BNSS
Rajesh files a complaint against Priya under section 379. The Magistrate receives the complaint and decides to proceed with the case as if it were a police report. However, Amit files an appeal against a previous decision related to the same matter. The Magistrate adjourns the hearing until the appeal is decided.
Common Questions (FAQ)
Frequently Asked Questions about Section 382 BNSS
Q: What is the punishment or consequence under Section 382 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 both private individuals and public entities, as it deals with the procedure for Magistrates to take cognizance of complaints.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with criminal classification, as it is a procedural provision.
People Also Ask (PAA)
Common Questions about Section 382 BNSS
What is Section 382 of BNSS?
Section 382 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure of Magistrate taking cognizance". In plain terms: When a complaint is made to a Magistrate under sections 379 or 380, they will handle the case as if it were a police report. If an appeal is pending against a previous decision, the Magistrate can adjourn the hearing until the appeal is decided.
What is the punishment under Section 382 of BNSS?
Section 382 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 382 of BNSS bailable or non-bailable?
Whether Section 382 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 382 of BNSS?
The essential elements of Section 382 of BNSS are: A complaint must be made under sections 379 or 380.; The complaint must be made to a Magistrate.; The Magistrate must proceed to deal with the case as if it were a police report..
Landmark Case Laws
Landmark Judgments under Section 382 BNSS
Patnahcucisdb94 High Court (10 8)
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