Bharat Samvidhan
BNSS Section 365

Section 365 BNSS: superior Magistrate under section 364

Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official Statutory Wording (100% Legally Correct)

(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: Procedure in cases which Magistrate cannot dispose of. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. Trial of persons previously convicted of offences against coinage, stamp-law or property. Procedure when Magistrate cannot pass sentence sufficiently severe. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. 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

Simplified Legal Summary

This section details the statutory rules, frameworks, and procedures under Section 365 of the BNSS.

Legal Compliance Notice

This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.

Frequently Asked Questions (FAQs)

Q: What does BNSS Section 365 cover?

A: Section 365 of the BNSS 2023 deals with: "superior Magistrate under section 364". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.

Q: Which old CrPC section does BNSS Section 365 replace?

A: BNSS Section 365 ("superior Magistrate under section 364") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.

Q: Does BNSS Section 365 apply across all Indian states?

A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 365 ("superior Magistrate under section 364") follows this national applicability.

Q: When did BNSS Section 365 come into effect?

A: The BNSS 2023 — including Section 365 ("superior Magistrate under section 364") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.