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Section 326 — Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
326
326
Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
Code of Criminal Procedure, 1973
Chapter XXIV General Provisions as to Inquiries and Trials
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Court ProcedureTrial ProcessLegal Continuity
🗣️ Simple Explanation
What does this law say? Section 326 of the CrPC explains what happens when a new judge takes over a case. This is after a previous judge has already heard some of the evidence.
Why does this law exist? It ensures that trials can continue smoothly. It prevents starting a case from scratch when a judge changes. This saves time and resources.
Real-life impact Imagine a trial where the first judge hears some witnesses. Then, a new judge takes over. This law allows the new judge to use the previous judge's notes. This keeps the trial moving forward.
What happens if you break this law? This section doesn't define a crime. It only explains the procedure for a trial when a judge changes.
💡 Real Life Example

Rahul's case is being heard by Magistrate Sharma. Magistrate Sharma gets transferred. Magistrate Verma takes over. Magistrate Verma can use the evidence already recorded by Magistrate Sharma. The trial continues without restarting.
Priya's case is transferred from one court to another. The new judge can use the evidence from the previous court. This helps to avoid delays and ensures a fair trial. The trial proceeds smoothly.

🛡️ KNOW YOUR RIGHTS
  • •Understand the evidence presented in court.
  • •Ask for a lawyer if you need one.
  • •Know that the new judge can review the old evidence.
  • •Ensure the trial proceeds fairly and efficiently.
❓ FREQUENTLY ASKED QUESTIONS
Section 326 of the CrPC deals with what happens when a new judge takes over a case. It allows the new judge to use the evidence already recorded by the previous judge. This helps to avoid delays and ensures the trial continues smoothly. It ensures continuity in legal proceedings.
No, Section 326 itself does not define any crime or punishment. It only explains the procedure to be followed when a new judge takes over a case. The section focuses on the continuity of the trial process and does not involve any specific penalties.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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