Bharatiya Nagarik Suraksha Sanhita, 2023
Section 365
Conviction or commitment on evidence partly recorded by one Magistrate and partly by
(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re- summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged.
(2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1).
(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364.
Why this exists
Judges and magistrates get transferred, promoted, retire, or otherwise leave a case partway through for many practical reasons. Without this provision, every such change would force a complete restart of the trial, wasting enormous time and re-traumatising witnesses who would have to testify all over again. This section lets a successor rely on the record built by their predecessor, while still preserving fairness through the power to recall witnesses if genuinely necessary.
Common misconceptions
- Myth: A new judge taking over a case must always restart the entire trial from scratch.
Fact: This provision specifically allows the successor judge or magistrate to act on evidence already recorded by their predecessor, avoiding a full restart, except for summary trials or certain jurisdiction-related transfers.