Sections 322 and 323 CrPC: Procedure When a Magistrate Cannot Dispose of a Case or Finds It Should Be Committed

Sections 322 and 323 of the Code of Criminal Procedure, 1973 (CrPC) dealt with two related procedural situations before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): first, where a Magistrate could not properly dispose of a case; and second, where during an inquiry or trial the Magistrate concluded that the case ought to be tried by the Court of Session.

Applicability note: This article explains the CrPC provisions applicable before the BNSS came into force on 1 July 2024. It is retained for proceedings and legal research where the CrPC continues to be relevant under the applicable saving and transitional provisions.

Meaning and purpose of Section 322 CrPC

Section 322 CrPC, titled "Procedure in cases which Magistrate cannot dispose of", prescribed the course to be followed when evidence arising during an inquiry or trial indicated that the Magistrate should not himself proceed to dispose of the matter.

When Section 322 applied

During an inquiry into an offence or a trial before a Magistrate in a district, Section 322(1) applied where the evidence appeared to warrant a presumption that:

• the Magistrate had no jurisdiction to try the case or commit it for trial;
• the case should be tried, or committed for trial, by another Magistrate in the district; or
• the case should be tried by the Chief Judicial Magistrate.

In such circumstances, the Magistrate was required to stay the proceedings and submit the case, together with a brief report explaining its nature, to the Chief Judicial Magistrate or to another Magistrate having jurisdiction as directed by the Chief Judicial Magistrate.

Power of the Magistrate receiving the case

Under Section 322(2), the Magistrate to whom the case was submitted could, if legally empowered, try the case himself, refer it to a subordinate Magistrate having jurisdiction, or commit the accused for trial.

Section 322 CrPC - statutory provision

Meaning and purpose of Section 323 CrPC

Section 323 CrPC, titled "Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed", dealt specifically with a case that, after the inquiry or trial had already begun, appeared to the Magistrate to be one that ought to be tried by the Court of Session.

The power could be exercised at any stage of the proceedings before the Magistrate signed the judgment. Once the statutory condition was satisfied, the Magistrate was required to commit the case to the Court of Session in accordance with the CrPC, after which the provisions of Chapter XVIII governing trial before a Court of Session applied.

Section 323 CrPC - statutory provision

Difference between Sections 322 and 323 CrPC

Section 322 was broader and addressed situations involving lack of jurisdiction, the suitability of trial or commitment by another Magistrate, or trial by the Chief Judicial Magistrate. Section 323 was directed to the distinct situation in which the Magistrate, during an inquiry or trial and before signing judgment, found that the case ought to be tried by the Court of Session.

Practical effect before implementation of BNSS

These provisions prevented a Magistrate from continuing with a matter when the statutory circumstances required the case to be placed before another competent Magistrate or committed to the Court of Session. They also provided a procedural route for issues of jurisdiction or appropriate forum that became apparent only after evidence or proceedings had progressed.

This page discusses Sections 322 and 323 of the Code of Criminal Procedure, 1973 in their pre-BNSS context. The procedural law applicable to a particular proceeding should be determined with reference to the date, nature and transitional status of that proceeding.