Section 382 of The Bharatiya Nagarik Suraksha Sanhita, 2023
- (1)A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report.
- (2)Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.
Summary
- Magistrates handling complaints under sections 379 or 380 must process them as if they were initiated by a police report.
- The standard procedures outlined in Chapter XVI do not apply to these specific cases.
- Magistrates have the discretion to adjourn proceedings if an appeal is pending regarding the original judicial decision.
- This authority to adjourn applies to the original Magistrate or any Magistrate to whom the case is transferred.
Practical examples
FAQ
1. How should a Magistrate process a complaint under section 379 or 380?
The Magistrate should treat the case as if it were instituted on a police report, notwithstanding the provisions of Chapter XVI.
2. Can a Magistrate pause the case if an appeal is pending?
Yes, if it is brought to the Magistrate's notice that an appeal is pending against the original decision, they may adjourn the hearing at any stage if they think fit.
3. Does the power to adjourn apply if the case is transferred to another Magistrate?
Yes, the power to adjourn the hearing applies to the Magistrate who received the complaint or any other Magistrate to whom the case has been transferred.
Test yourself
Q1.Under Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023, how must a Magistrate deal with a complaint received under Section 379 or Section 380?
Q2.Under Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what can a Magistrate do if an appeal is pending against the decision in the main lawsuit from which the complaint arose?
Q3.Under Section 382 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whose pending appeal can justify the Magistrate adjourning the hearing of the complaint case?
Q4.If a complaint is sent to a Magistrate following an appeal under Section 380 of the Bharatiya Nagarik Suraksha Sanhita, 2023, how does Section 382 direct the Magistrate to process this complaint compared to a complaint directly sent under Section 379?