Code
When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall–
1[(a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;]
(b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.
STATE AMENDMENT
Gujarat
In section 209 of the Code of Criminal Procedure, 1973, in its application to the State of Gujarat, for clause (a), the following clause shall be substituted, namely:–
(a) Commit the case, after complying with the provisions of section 207 or section 208, as the case may be, to the Court of Session and, subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made.
[Vide Gujarat Act 30 of 1976, s. 2.]
Uttar Pradesh
In section 209 of the said Code, for clauses (a) and (b), the following clauses shall be substituted and be deemed always to have been substituted, namely :—
“(a) as soon as may be after complying with the provisions of section 207, commit the case to the court of session ;
(b) subject to the provisions of this Code relating to bail, remand the accused to custody until commitment of the case under clause (a) and thereafter during, and until the conclusion of the trial.”
[Vide Uttar Pradesh Act 16 of 1976, s. 6]
Explanation
When a Magistrate, after conducting an inquiry, finds sufficient grounds to believe that a person has committed an offence triable exclusively by the Court of Session, they must commit that person to the Court of Session.
This commitment involves sending the accused person, along with all the evidence collected during the inquiry, to the Court of Session for trial. The Magistrate also forwards a copy of the police report and their own findings to the Court of Session.
Illustration
Imagine a case where someone is accused of murder. Murder is an offence triable exclusively by the Court of Session. After conducting an inquiry, a Magistrate finds enough evidence to believe that the accused committed the crime. In this case, the Magistrate will commit the accused to the Court of Session for trial.
Common Questions and Answers
Q: What is the role of the Magistrate in this process?
A: The Magistrate is responsible for conducting the initial inquiry and deciding whether there is enough evidence to justify committing the accused to the Court of Session.
Q: What are the types of offences triable exclusively by the Court of Session?
A: These include serious offences like murder, rape, dacoity, and certain other offences specified in the CrPC.
Q: Can the accused person appeal against the Magistrate’s order of commitment?
A: Yes, the accused can appeal against the Magistrate’s order of commitment to a higher court.
