Section 362 of BNSS : Section 362: Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.

Explanation using Example

Example 1:

Scenario: A Magistrate is conducting an inquiry into a case of grievous assault.

Details: During the inquiry, the Magistrate reviews the evidence and testimonies presented. The evidence includes medical reports showing severe injuries and witness statements indicating that the assault was premeditated and involved the use of a deadly weapon.

Application of Section 362: The Magistrate realizes that the severity and nature of the offence suggest that it should be tried by the Court of Session, which handles more serious criminal cases. Before signing any judgment, the Magistrate decides to commit the case to the Court of Session for trial.

Outcome: The case is transferred to the Court of Session, where it will be tried under the appropriate legal provisions for serious offences.

Example 2:

Scenario: A Magistrate is presiding over a trial for a case of kidnapping.

Details: As the trial progresses, the Magistrate hears evidence that the kidnapping was part of a larger criminal conspiracy involving multiple individuals and cross-border elements. The complexity and gravity of the case become apparent.

Application of Section 362: Recognizing that the case involves serious charges that require the jurisdiction of the Court of Session, the Magistrate decides to commit the case to that court before concluding the trial.

Outcome: The case is committed to the Court of Session, where it will be handled with the necessary legal expertise and resources to address the serious nature of the charges.