Bharatiya Nagarik Suraksha Sanhita, 2023
Section 362
Procedure when after commencement of inquiry or trial, Magistrate finds case should be
If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XIX shall apply to the commitment so made.
Why this exists
Certain serious offences are legally reserved for trial before a Sessions Court rather than a magistrate. This provision ensures that if such a case is mistakenly being handled at the magistrate level, perhaps because its true seriousness only becomes clear as evidence unfolds, it gets properly redirected to the correct, more senior court before any final judgment is passed, preserving the legal validity of the eventual trial.