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.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 361 Procedure in cases which Magistrate cannot dispose of
Section 363 Trial of persons previously convicted of offences against coinage, stamp-law or property
Section 364 Procedure when Magistrate cannot pass sentence sufficiently severe
Section 367 Procedure in case of accused being person of unsound mind
Section 368 Procedure in case of person of unsound mind tried before Court
Section 369 Release of person of unsound mind pending investigation or trial