सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 365

Conviction or commitment on evidence partly recorded by one Magistrate and partly by

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.