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Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 361
Code: Section 361 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the transfer of cases between Magistrates within the same district. It outlines the procedure to be followed when a Magistrate, during an inquiry or trial, discovers a reason to believe that the case should be handled by a different Magistrate within the district.
Sub-section (1):
- If, during an inquiry or trial, the Magistrate finds evidence suggesting they lack jurisdiction to try the case or commit it for trial (a), or if the case is more appropriately tried by another Magistrate in the district (b), or if the case should be tried by the Chief Judicial Magistrate (c), they must halt the proceedings.
- The Magistrate must then submit the case, along with a brief report detailing the nature of the case, to the Chief Judicial Magistrate or another designated Magistrate having jurisdiction as directed by the Chief Judicial Magistrate.
Sub-section (2):
- The Magistrate who receives the transferred case can either try the case themselves, if they have the authority, or refer it to a subordinate Magistrate within their jurisdiction.
- They also have the option to commit the accused for trial before a higher court.
Illustration:
Imagine a Magistrate is hearing a case of theft. During the inquiry, it becomes evident that the stolen property was brought into the district from another state, and the value of the stolen goods exceeds the Magistrate’s jurisdiction. In this scenario, the Magistrate would utilize Section 361 to transfer the case to the Chief Judicial Magistrate for further proceedings.
Common Questions and Answers:
- Q: What are the grounds for transferring a case under Section 361?
- A: The grounds are: lack of jurisdiction, appropriateness for another Magistrate, and trial before the Chief Judicial Magistrate.
- Q: Who can initiate the transfer of a case under Section 361?
- A: Only the Magistrate hearing the case can initiate the transfer.
- Q: Who has the final authority to decide where the case will be tried?
- A: The Chief Judicial Magistrate or the Magistrate to whom the case is submitted, depending on the circumstances.
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