Section 343 CrPC and Section 382 BNSS: Procedure of Magistrate Taking Cognizance
When a court files a complaint concerning an offence affecting the administration of justice, a Magistrate follows a special procedural rule. The earlier rule was Section 343 of the Code of Criminal Procedure, 1973 (CrPC); its corresponding provision is Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Current-law position: The BNSS came into force on 1 July 2024. Section 382 generally governs proceedings under the new code, subject to transitional and saving provisions in Section 531 BNSS for specified pending matters. Section 343 CrPC remains important for cases governed by the earlier law.
Meaning and scope of the provision
Cognizance refers to a Magistrate applying judicial mind to an alleged offence for the purpose of proceeding according to law. Court complaint here means a complaint made through the statutory process for offences affecting the administration of justice, rather than an ordinary private complaint. Police-report case means a case handled under the procedural framework ordinarily applicable to cases instituted on a police report, even though the initiating document here is a court complaint.
Section 382 BNSS appears in Chapter XXVIII, dealing with offences affecting the administration of justice. It connects with Section 379 BNSS (court-complaint procedure, corresponding to Section 340 CrPC) and Section 380 BNSS (appeal, corresponding to Section 341 CrPC).
Section 382 BNSS: Current legal requirements
Sub-section (1): Procedure after a court complaint
Where a complaint is made to a Magistrate under Section 379 or Section 380 BNSS, the Magistrate must, notwithstanding Chapter XVI, deal with the case as far as practicable as though it were instituted on a police report.
Sub-section (2): Appeal pending in the original proceeding
If the Magistrate, including a Magistrate to whom the case is transferred, is informed that an appeal is pending against the decision in the judicial proceeding from which the complaint arose, the Magistrate may adjourn the complaint case until that appeal is decided.
The power to adjourn is discretionary: the mere existence of a related appeal does not automatically suspend the complaint proceedings. The appeal must relate to the decision in the underlying judicial proceeding.
Section 343 CrPC: Earlier statutory provision
Section 343(1) CrPC provided that a Magistrate receiving a complaint under Section 340 or Section 341 CrPC would, notwithstanding Chapter XV, proceed as far as possible as if the case had been instituted on a police report.
Under Section 343(2) CrPC, where an appeal was pending against the decision in the underlying judicial proceeding, the Magistrate could, at any stage and if considered appropriate, adjourn the hearing until the appeal was decided. This applied also to a Magistrate receiving the case on transfer.
Relevant section references
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Restriction on cognizance for specified offences | Section 195 | Section 215 |
| Procedure for court complaint | Section 340 | Section 379 |
| Appeal against complaint-related decision | Section 341 | Section 380 |
| Magistrate taking cognizance | Section 343 | Section 382 |
How the procedure works
- Complaint by the court: The competent court takes action under the applicable court-complaint provision (Section 379 BNSS or Section 340 CrPC).
- Receipt by Magistrate: The complaint reaches the Magistrate competent to proceed with the matter.
- Special mode of trial: The Magistrate handles the case, as far as may be, as one instituted on a police report, rather than applying the ordinary complaint-case procedure.
- Related appeal: If an appeal is pending against the underlying judicial decision, the Magistrate considers whether adjournment is appropriate.
- Further proceedings: If not adjourned, the matter continues in accordance with the applicable criminal procedure and fair-trial safeguards.
Practical illustration
Suppose a civil court concludes that an offence involving false evidence in its proceedings warrants a complaint and follows Section 379 BNSS. The receiving Magistrate applies Section 382(1) and proceeds as far as possible using the police-report-case procedure. If an appeal against the civil court's underlying decision is pending, Section 382(2) allows, but does not compel, the Magistrate to adjourn the complaint proceedings.
Frequently asked questions
What is the BNSS equivalent of Section 343 CrPC?
Section 382 BNSS is the corresponding provision, titled "Procedure of Magistrate taking cognizance".
Does a court complaint become a police report?
No. The law directs the Magistrate to follow, as far as may be, the procedure for a police-report case; it does not convert the originating court complaint into a police report.
Must the Magistrate adjourn proceedings whenever an appeal is pending?
No. Adjournment is discretionary and concerns an appeal against the decision in the judicial proceeding giving rise to the complaint.
Can Section 343 CrPC still apply after July 2024?
It may apply to proceedings preserved by the BNSS saving provisions. Section 531 BNSS and the facts and procedural history of the matter should be examined.
Official legislation and further reading
For authoritative statutory wording, consult the India Code legislative database and the Bureau of Police Research and Development's BNSS reference PDF. The Ministry of Home Affairs publishes information concerning the new criminal laws. Verify the applicable version and notifications when relying on a provision in court.
See also the Code of Criminal Procedure section guide, Section 340 CrPC and Section 341 CrPC.
This article is general legal information, not advice on any particular case.