BNSS Section 362
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 362
Explanation: This section of the BNSS deals with the transfer of cases from a Magistrate’s Court to the Court of Session during the course of an inquiry or trial. If, at any point before delivering the judgment, the Magistrate believes that the case should be tried by the Court of Session due to its complexity or gravity, they are obligated to transfer the case to the higher court. This transfer is governed by the provisions outlined in Chapter XIX of the BNSS, which deals with the process of committing cases to the Court of Session.
Illustration:
Imagine a case involving murder where the evidence suggests a complex conspiracy and multiple perpetrators. The Magistrate, after conducting the initial inquiry, may realize that the case is beyond their jurisdiction and requires the specialized expertise and resources of the Court of Session. In this scenario, the Magistrate would invoke Section 362 and commit the case to the Court of Session for trial.
Common Questions and Answers:
- Q: What are some reasons a Magistrate might deem a case appropriate for the Court of Session?
- A: The Magistrate may consider factors like the severity of the crime, the complexity of the evidence, the potential for multiple defendants, and the need for specialized legal procedures.
- Q: What happens to the case after it is committed to the Court of Session?
- A: The Court of Session takes over the case and proceeds with the trial according to the procedures outlined in Chapter XIX of the BNSS.
- Q: Can the accused appeal against the transfer to the Court of Session?
- A: Yes, the accused may appeal against the commitment order if they believe it was unjustified. This appeal would be heard by a higher court.
