Code
(1) A Magistrate to whom a complaint is made under Section 379 BNSS or Section 380 BNSS shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
Explanation of Section 382 BNSS
Section 382 BNSS lays down the procedure for a Magistrate when handling complaints made under Section 379 BNSS (theft) and Section 380 BNSS (theft in a dwelling house). This section ensures that such complaints are treated with the same seriousness as cases initiated by the police.
Key Provisions:
- Equal Treatment to Police Cases
- The Magistrate must handle the complaint as if it was a case started by a police report.
- Power to Adjourn the Case
- If an appeal is pending against a judicial decision related to the case, the Magistrate has the discretion to adjourn the hearing until the appeal is resolved.
Illustration
Example 1: Complaint of Theft in a Market
A shopkeeper files a complaint under Section 379 BNSS against an individual for stealing from his store. The Magistrate, upon receiving the complaint, will proceed as if the police had filed a case.
Example 2: Theft in a House During an Ongoing Appeal
A tenant is accused of stealing from his landlord’s house, leading to a complaint under Section 380 BNSS. If there is an appeal pending in a connected civil dispute, the Magistrate may adjourn the case until the appeal is decided.
Common Questions and Answers on Section 382 BNSS
1. Why does the Magistrate treat complaints under Section 379 and 380 like a police report?
This ensures uniformity in legal proceedings and prevents any procedural disadvantage to cases initiated by private complaints.
2. Can the Magistrate reject the complaint outright?
No, the Magistrate must proceed with the case, treating it as though it originated from a police report.
3. Under what conditions can a Magistrate adjourn the case?
If an appeal is pending in a related judicial matter, the Magistrate has the discretion to adjourn the hearing.
4. Does this section apply to all theft cases?
No, it specifically applies to complaints under Section 379 BNSS and Section 380 BNSS.
5. Can a case proceed if an appeal is pending?
Yes, the Magistrate has the discretion to continue or adjourn the case.
Conclusion
Section 382 BNSS ensures that private complaints of theft are treated with equal seriousness as police-initiated cases. It also gives the Magistrate the flexibility to adjourn hearings if a related appeal is pending. This provision enhances procedural fairness in criminal proceedings.
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