Bharatiya Nagarik Suraksha Sanhita, 2023
Section 361, BNSS: Procedure in cases which Magistrate cannot dispose of
Section 361 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the Act's own words, with the CrPC provision it replaces.
What it replaces
| BNSS provision | CrPC provision | Relation |
|---|---|---|
| Section 361 | Section 322 | corresponds |
From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: CrPC to BNSS.
The section
361. 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 (b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or (c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.
Sources
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023, section 361 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BNSS to CrPC (read 1 September 2026)