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BNSS Section 361 - Procedure in cases which Magistrate cannot dispose of

BNSS Section 361 - Procedure in
cases which
Magistrate
cannot dispose
of

Description of BNSS 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.