Section 322 CrPC: Procedure When Magistrate Cannot Dispose of Case – India’s Code of Criminal Procedure
1. State the Code
Section 322 of the Code of Criminal Procedure, 1973 (CrPC) deals with the procedure to be followed when a Magistrate is unable to dispose of a case due to certain reasons.
2. Explanation
This section outlines the steps a Magistrate should take when they are unable to dispose of a case due to reasons like:
- Lack of Jurisdiction: The Magistrate lacks the authority to try the case.
- Transfer of Case: The case has been transferred to another Magistrate.
- Death or Resignation: The Magistrate handling the case has died or resigned.
- Other Circumstances: Any other circumstances preventing the Magistrate from proceeding with the case.
The section mandates that the Magistrate must:
- Record their inability to dispose of the case.
- State the reasons for their inability.
- Forward the case to the appropriate authority for further action.
3. Illustration
Imagine a case where a Magistrate is hearing a case involving a serious offense, but they are transferred to a different court. In this scenario, the Magistrate would:
- Record their inability to proceed with the case due to the transfer.
- Mention the transfer order as the reason for their inability.
- Forward the case file to the new court or the designated authority.
4. Common Questions and Answers
Q: What happens to the case when a Magistrate is unable to dispose of it?
A: The case is forwarded to the appropriate authority for further action, such as a higher court or another Magistrate with jurisdiction.
Q: Can a Magistrate refuse to dispose of a case?
A: No. Unless there are valid reasons as stipulated in Section 322, a Magistrate cannot refuse to dispose of a case.
Q: Is there a specific time limit within which the Magistrate needs to dispose of a case?
A: While there is no specific time limit mentioned in Section 322, the general principle of speedy trial applies. Magistrates are expected to dispose of cases as expeditiously as possible.
