Bharatiya Nagarik Suraksha Sanhita, 2023

Section 382 BNSS: Procedure of Magistrate Taking Cognizance

Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the procedure to be followed by a Magistrate when a complaint is made under Section 379 or Section 380 and also permits adjournment where an appeal is pending against the decision in the judicial proceeding from which the matter arose.

Act No. 46 of 2023In force from 1 July 2024Chapter XXVIII

In simple terms: when the Magistrate receives the specified complaint, the case is, as far as possible, dealt with as though it had been instituted on a police report. If an appeal concerning the underlying judicial proceeding is pending, the Magistrate may adjourn the hearing until that appeal is decided.

Text of Section 382 BNSS

382. Procedure of Magistrate taking cognizance.

(1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.

(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.

Meaning and scope of Section 382

Section 382 forms part of Chapter XXVIII of the BNSS, which contains provisions relating to offences affecting the administration of justice. It operates in connection with complaints made under Sections 379 and 380.

Police-report procedure: Sub-section (1) directs the Magistrate, notwithstanding Chapter XVI, to deal with the case, as far as may be, as a case instituted on a police report.
Pending appeal: Sub-section (2) gives the Magistrate discretion to adjourn the hearing if an appeal is pending against the decision in the judicial proceeding from which the matter arose.
Discretion to adjourn: The wording "may, if he thinks fit" shows that adjournment is not automatic; the Magistrate must consider whether it is appropriate in the circumstances.

Related BNSS provisions

Section 382 should be read with the immediately connected provisions in Chapter XXVIII, particularly Section 381 on power to order costs and Section 383 on summary procedure for trial for giving false evidence.

Official legal source

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its official text and section-wise structure are available through India Code. The Ministry of Home Affairs also provides the official Act through its Judicial Division.

Note: This page reproduces and explains the statutory provision for general legal information. For a case-specific issue, the complete statute, applicable notifications, judicial decisions and procedural facts should be examined.