Section 365 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)
365. (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.
Advocate Anoop Verma, Punjab and Haryana High Court, Chandigarh
+91-9463742964
advanoopverma@gmail.com