Section 362 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure When After Commencement Of Inquiry Or Trial, Magistrate Finds Case Should Be Committed.

Code: Section 362 BNSS

If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XIX shall apply to the commitment so made.

Explanation of Section 362 BNSS

Section 362 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 deals with the transfer of cases from a Magistrate to the Court of Session. This provision ensures that serious offences, which require trial by a higher court, are committed to the Court of Session at the appropriate stage.

Key Provisions

1. When Can a Magistrate Commit a Case to the Court of Session?

   • If during inquiry or trial, the Magistrate realizes that the case is too serious for their jurisdiction.
   • This decision must be made before signing the judgment.

2. Why is a Case Committed to the Court of Session?

   • Some offences are considered grave and require trial by a Sessions Court, such as:
     • Murder (Section 103 BNSS)
     • Rape (Section 64 BNSS)
     • Dacoity (Section 109 BNSS)
     • Terrorism-related Offences
   • If the Magistrate does not have the jurisdiction to impose the required punishment, they must send the case to the Sessions Court.

3. Procedure for Commitment

   • The Magistrate formally commits the case under the provisions laid out in Chapter XIX BNSS.
   • Once committed, the Sessions Court takes over the trial and follows its own procedural rules.

Illustration

Example 1: Murder Trial Before a Magistrate

A Magistrate is conducting an inquiry into a case where a person is accused of murder (Section 103 BNSS). Since murder is a Sessions triable offence, the Magistrate cannot conduct the trial and must commit the case to the Court of Session.

Example 2: Dowry Death Case

A Magistrate is handling a dowry death case (Section 85 BNSS). Initially, it was registered as abetment of suicide, which falls within the Magistrate’s jurisdiction. However, during the trial, evidence shows it was a case of murder related to dowry, which requires trial by the Court of Session. The Magistrate commits the case to the Sessions Court.

Example 3: Lesser Offence Becoming a Major Crime

A person is charged with voluntarily causing grievous hurt (punishable under Section 127 BNSS) before a Magistrate. However, during the inquiry, the victim succumbs to injuries, converting the case into culpable homicide. The Magistrate, realizing that the punishment exceeds their jurisdiction, commits the case to the Court of Session.

Common Questions and Answers on Section 362 BNSS

1. What is meant by “commitment of a case” under Section 362?

Commitment refers to the transfer of a criminal case from a Magistrate to the Court of Session when the Magistrate realizes the case is too serious for their jurisdiction.

2. At what stage can a case be committed to the Court of Session?

A case can be committed at any stage before the Magistrate signs the judgment.

3. Can a Magistrate commit a case to the Court of Session after delivering judgment?

No, once the judgment is signed, the Magistrate cannot commit the case. The case must be sent at an earlier stage.

4. What happens after a case is committed to the Sessions Court?

Once committed, the Sessions Court takes over the trial and follows the procedures in Chapter XIX BNSS.

5. What types of cases are generally committed to the Sessions Court?

Cases involving serious offences such as murder, rape, dacoity, and terrorism-related offences, which carry severe punishments, must be tried by a Sessions Court.

Conclusion

Section 362 BNSS ensures that serious offences are handled by the appropriate court with greater jurisdiction and sentencing powers. If a Magistrate realizes that a case is too serious for their court, they must commit it to the Court of Session before signing the judgment. This helps maintain fairness and legal propriety in criminal trials.

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