Section 322 CrPC: Procedure in Cases Which Magistrate Cannot Dispose Of
Section 322 of the Code of Criminal Procedure, 1973 prescribed the steps a Magistrate must take when evidence indicates that the case is beyond that Magistrate's jurisdiction or should be heard by another competent Magistrate. The corresponding current provision is Section 361 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Text and meaning of Section 322 CrPC
Section 322(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:
- that he has no jurisdiction to try the case or commit it for trial; or
- that the case is one which should be tried or committed for trial by some other Magistrate in the district; or
- 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.
Section 322(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.
Corresponding law: Section 361 BNSS
Section 361 BNSS, titled "Procedure in cases which Magistrate cannot dispose of", substantially carries forward the procedure in Section 322 CrPC. It applies when the evidence during an inquiry or trial indicates that the Magistrate lacks jurisdiction, another Magistrate in the district should deal with the case, or the Chief Judicial Magistrate should try it.
Under Section 361(1) BNSS, the Magistrate must stay the proceedings and submit the case with a brief explanatory report to the Chief Judicial Magistrate, or to another Magistrate having jurisdiction as directed by the Chief Judicial Magistrate. Under Section 361(2), the receiving Magistrate, if empowered, may try the case, refer it to a subordinate Magistrate having jurisdiction, or commit the accused for trial.
Read the official India Code portal and the official BNSS text and CrPC correspondence table published by BPR&D.
When must the Magistrate submit the case?
1. Lack of jurisdiction
Where evidence indicates that the Magistrate is not legally empowered to try the matter or commit it for trial, the case must be submitted in the prescribed manner instead of continuing before a court without the necessary jurisdiction.
2. Another Magistrate should hear the case
If the evidence suggests that another Magistrate in the same district should try or commit the case, Section 322 CrPC and Section 361 BNSS provide a procedure for its submission to the competent authority.
3. Trial by the Chief Judicial Magistrate
If the case appears appropriate for trial by the Chief Judicial Magistrate, the Magistrate must stay the proceedings and submit the case with a brief report explaining its nature.
Procedure and powers of the receiving Magistrate
- Assess the evidence: The issue arises during an inquiry or trial when the evidence warrants the statutory presumption.
- Stay proceedings: The Magistrate must not proceed with the case in disregard of Section 322 or Section 361.
- Submit the case and report: A brief report explaining the nature of the case accompanies the submission.
- Competent Magistrate acts: The receiving Magistrate, if empowered, may hear the case, refer it to a subordinate Magistrate with jurisdiction, or commit the accused for trial.
Difference from committal and sentencing provisions
Section 322 CrPC concerns cases which the Magistrate cannot properly dispose of because of jurisdiction or the appropriate forum. It should not be confused with Section 323 CrPC, concerning cases which should be committed for trial after inquiry or trial has begun, or Section 325 CrPC, concerning a Magistrate's inability to impose a sufficiently severe sentence. The corresponding BNSS provisions are Sections 362 and 364 respectively.
Frequently asked questions
What is Section 322 CrPC?
It is the former procedural provision governing submission of cases that a Magistrate cannot dispose of because of jurisdiction or the need for trial before another competent Magistrate.
What replaced Section 322 CrPC?
Section 361 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision, in force from 1 July 2024.
Can the Magistrate transfer the case without a report?
The provision requires the case to be submitted with a brief report explaining its nature.
Does Section 322 automatically result in acquittal?
No. It addresses which competent court should deal with the matter; it does not itself direct an acquittal.
Official legal resources
For the authoritative statutory wording and commencement information, consult India Code and the Bureau of Police Research and Development BNSS publication. This article provides general legal information; procedural application depends on the facts and transitional provisions.