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        Bharatiya Nyaya

        Section 382 - Procedure of Magistrate taking cognizance

        Bharatiya Nagarik Suraksha Sanhita, 2023
        Chapter XXVIII
        PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

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        Magistrate cognizance: complaint may be treated as police report and hearing may be adjourned pending appeal decision. A Magistrate presented with a complaint under the offences shall, notwithstanding Chapter XVI, proceed as far as practicable as if the case were instituted on a police report. If it is brought to the Magistrate's notice that an appeal is pending from the judicial proceeding out of which the matter arose, the Magistrate may, at any stage and if he thinks fit, adjourn the hearing until that appeal is decided.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Magistrate cognizance: complaint may be treated as police report and hearing may be adjourned pending appeal decision.

                                A Magistrate presented with a complaint under the offences shall, notwithstanding Chapter XVI, proceed as far as practicable as if the case were instituted on a police report. If it is brought to the Magistrate's notice that an appeal is pending from the judicial proceeding out of which the matter arose, the Magistrate may, at any stage and if he thinks fit, adjourn the hearing until that appeal is decided.





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