BNSS Section 365 - Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.

Description of BNSS Section 365 - 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 enquiry or trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and exercises such jurisdiction, the succeeding Judge or Magistrate may act on the evidence recorded by the predecessor or partly recorded by the predecessor and partly recorded by himself:
- If the succeeding Judge or Magistrate is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness.
- After such further examination, cross-examination, and re-examination, if any, the witness shall be discharged.
-
(2) When a case is transferred under the provisions of this Sanhita from one Judge to another or from one Magistrate to another, the former shall be deemed to cease to exercise jurisdiction therein and be succeeded by the latter, within the meaning of sub-section (1).
-
(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364.