Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 364
Code: Section 364 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which is the Indian Penal Code, 1860, as amended.
Explanation:
This section deals with the transfer of cases from a Magistrate to the Chief Judicial Magistrate (CJM) when the Magistrate deems the punishment required exceeds their authority.
- Sub-section (1): If a Magistrate, after hearing evidence, believes the accused is guilty and deserves a punishment beyond their jurisdiction, or if the Magistrate is of the second class and believes a bond under Section 125 is necessary, they must record their opinion, submit the proceedings, and forward the accused to the CJM.
- Sub-section (2): If multiple accused are being tried together, and the Magistrate finds some guilty and needing a higher punishment, all guilty accused must be forwarded to the CJM.
- Sub-section (3): The CJM receiving the proceedings may re-examine parties, witnesses, or call for further evidence. They then pass judgment, sentence, or order as they deem fit and according to law.
Illustration:
A Magistrate finds an accused guilty of theft, but the value of the stolen goods exceeds the Magistrate’s sentencing power. In this case, the Magistrate would record their opinion, submit the proceedings, and forward the accused to the CJM for further action.
Common Questions and Answers:
Q: Who decides whether a case should be transferred under Section 364?
A: The Magistrate hearing the case.
Q: What happens if the CJM finds the accused not guilty?
A: The CJM will acquit the accused. The original Magistrate’s opinion of guilt does not bind the CJM’s decision.
Q: Can the accused appeal against the CJM’s decision?
A: Yes, the accused can appeal against the CJM’s decision to a higher court, as per the legal process.
