Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 365
Code: BNSS Section 365
Explanation:
Section 365 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the
continuation of proceedings in criminal cases when a Judge or Magistrate is
replaced by another. It ensures that the proceedings are not hindered by the
change in judicial personnel and that the recorded evidence can be used by the
successor.
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Sub-section (1): This sub-section states that when a Judge or
Magistrate ceases to exercise jurisdiction in a case and is replaced by
another, the successor can use the evidence recorded by the predecessor.
However, if the successor deems it necessary in the interest of justice, they
can re-summon witnesses for further examination. -
Sub-section (2): This sub-section clarifies that when a case is
transferred from one Judge to another or from one Magistrate to another,
the former is deemed to cease exercising jurisdiction and the latter becomes
the successor, as defined in sub-section (1). -
Sub-section (3): This sub-section excludes summary trials,
cases where proceedings have been stayed under Section 361, and cases
submitted to a superior Magistrate under Section 364 from the scope of
Section 365.
Illustration:
Suppose a Magistrate is hearing a criminal case and records the testimonies of
two witnesses. Due to a transfer, the Magistrate is replaced by another
Magistrate. The new Magistrate can continue the trial using the already
recorded testimonies. However, if the new Magistrate feels that a particular
witness needs further examination, they can re-summon the witness for further
questioning.
Common Questions and Answers:
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Q: What happens to the case if the Judge or Magistrate dies or
resigns before the trial is completed?
A: In such cases, the case will be transferred to another
Judge or Magistrate according to the provisions of the Code, and the
successor can use the evidence already recorded. -
Q: Can the new Judge or Magistrate refuse to accept the
recorded evidence of the predecessor?
A: No, the new Judge or Magistrate is generally bound to
accept the recorded evidence, unless there are specific reasons to believe
that the evidence is unreliable. -
Q: Does this section apply to all types of criminal cases?
A: No, this section does not apply to summary trials or cases
where proceedings have been stayed or submitted to a higher authority.
