SECTION 365 BNSS – Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction,…

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SECTION 364 BNSS – Procedure when Magistrate cannot pass sentence sufficiently severe

(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to…

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SECTION 363 BNSS – Trial of persons previously convicted of offences against coinage, stamp-law or property

(1) Where a person, having been convicted of an offence punishable under Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those Chapters…

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SECTION 362 BNSS – 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…

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SECTION 361 BNSS – Procedure in cases which Magistrate cannot dispose of

(1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption- (a) that he has no jurisdiction to try the case or commit it for trial; or…

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SECTION 360 BNSS – Withdrawal from prosecution

The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of…

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SECTION 359 BNSS – Compounding of offences

(1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table:- TABLE OffenceSection of the Bharatiya Nyaya Sanhita,…

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SECTION 358 BNSS – Power to Proceed against other persons appearing to be guilty of offence

(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed…

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SECTION 357 BNSS – Procedure where accused does not understand proceedings

If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction,…

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