LawDadi legal and tax information
Home / CrPC / Section 355
Criminal Procedure | Legal Reference

Section 355 CrPC: Metropolitan Magistrate's Judgment

Section 355 of the Code of Criminal Procedure, 1973 prescribed a concise form of judgment for Metropolitan Magistrates. It specified nine particulars that had to be recorded, including brief reasons in certain appealable cases.

Current legal position (October 2026): Section 355 CrPC has no direct replacement in the BNSS, 2023. The provision was omitted when the BNSS came into force on 1 July 2024. Current general judgment requirements are addressed principally in Sections 392 and 393 BNSS. The saving of pending proceedings is governed by Section 531 BNSS.

Text of Section 355 CrPC (historical provision)

Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely:

  1. the serial number of the case
  2. the date of the commission of the offence
  3. the name of the complainant (if any)
  4. the name of the accused person, and his parentage and residence
  5. the offence complained of or proved
  6. the plea of the accused and his examination (if any)
  7. the final order
  8. the date of such order
  9. in all cases in which an appeal lies from the final order either under section 373 or under sub-section (3) of section 374, a brief statement of the reasons for the decision

Meaning and purpose of Section 355 CrPC

The section provided a shorter judgment-recording format for a Metropolitan Magistrate rather than requiring the usual form of judgment in every case. It did not dispense with recording the essential identity of the case, the accusation, the accused's response or the court's decision.

The nine required particulars

Clauses (a) to (d) identified the case, the alleged date of offence, the complainant (where present) and the accused. Clauses (e) and (f) captured the alleged or proved offence and the accused's plea and examination. Clauses (g) and (h) recorded the final order and its date. Clause (i) required brief reasons where an appeal lay under Section 373 or Section 374(3) CrPC.

What changed under the BNSS, 2023?

The official NCRB CrPC-to-BNSS correspondence table identifies CrPC Section 355 as deleted, not renumbered. The BNSS does not contain a standalone provision titled "Metropolitan Magistrate's judgment." The change reflects the removal of the former separate classification of Metropolitan Magistrates in the new procedural framework.

BNSS Section 392 (Judgment) addresses the pronouncement of criminal judgments. BNSS Section 393 (Language and contents of judgment) sets out requirements concerning the language, determinations, reasons, convictions, acquittals and sentencing. These are related current provisions, not word-for-word replacements for Section 355 CrPC.

Do not confuse the section numbers: BNSS Section 355 concerns dispensing with the accused's attendance in certain inquiries and trials; it is not the former CrPC Section 355.

Application to older and pending proceedings

The BNSS took effect on 1 July 2024. Section 531 contains repeal and savings provisions, including treatment of specified appeals, applications, trials, inquiries and investigations pending immediately before commencement. Whether the earlier CrPC judgment procedure remains relevant in a particular matter depends on the applicable saving and procedural history.

Frequently asked questions

Does Section 355 CrPC have a corresponding BNSS section?

No. Section 355 CrPC was omitted from the BNSS. The official NCRB correspondence table lists the provision as deleted.

What particulars did Section 355 CrPC require?

Nine particulars, including the case number, offence date, parties, charge, plea, final order, date and brief reasons in specified appealable cases.

Which BNSS provisions govern criminal judgments now?

BNSS Section 392 governs pronouncement of judgment, and Section 393 governs the language and contents of judgment. The old special metropolitan-magistrate format was not reenacted.

Does the CrPC still apply to pending proceedings?

Section 531 BNSS contains savings for specified proceedings pending immediately before 1 July 2024. The applicable law depends on the proceeding and the savings clause.

Official legal sources

This article provides general legal information. Refer to the applicable statutory text and case-specific procedural orders for legal decisions.