CrPC · Chapter XXIV · General provisions as to inquiries and trials

CrPC section 323 in the BNSS

CrPC 323BNSS 362

CrPC section 323, “Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed”, is now BNSS section 362 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 323 to BNSS 362

Now BNSS section 362, with the same procedure.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 323 Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed

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 XVIII shall apply to the commitment so made.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 362 Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.