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CrPC Section-322 - Procedure in cases which Magistrate cannot dispose of

Description

If, during the course of any inquiry or trial before a Magistrate in any district, the evidence suggests:

  • That the Magistrate has no jurisdiction to try the case or commit it for trial; or
  • That the case should be tried or committed for trial by another Magistrate within the district; or
  • That the case should be tried by the Chief Judicial Magistrate,

The Magistrate shall halt the proceedings and submit the case, along with a brief report outlining its nature, to the Chief Judicial Magistrate or to another Magistrate with jurisdiction, as directed by the Chief Judicial Magistrate.

The Magistrate to whom the case is submitted may, if authorized, either:

  • Try the case themselves;
  • Refer it to a subordinate Magistrate with jurisdiction;
  • Commit the accused for trial.

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