Code:
Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.
Contents
Explain the Code:
This section outlines the circumstances under which a Court of Session can take cognizance of an offence. It states that a Court of Session can take cognizance of an offence in the following ways:- By commitment: When a Magistrate, after conducting an inquiry, finds sufficient grounds to believe that the accused has committed an offence triable by the Court of Session, he/she may commit the accused to the Court of Session.
- By sessions judge: A Sessions Judge can take cognizance of an offence on his/her own motion, without the need for a commitment from a Magistrate.
- On an appeal: A Court of Session can take cognizance of an offence when an appeal against a Magistrate’s order is filed before it.
- By transfer: A Sessions Judge can take cognizance of an offence when a case is transferred to his/her court by another court.
Illustrate the Code:
Imagine a case where a person is accused of murder. The Magistrate, after conducting an inquiry, finds sufficient evidence to believe that the accused committed the crime. In this scenario, the Magistrate will commit the accused to the Court of Session for trial. This is an example of a Court of Session taking cognizance of an offence by commitment.Common Questions and Answers Regarding the Code:
Q: What is a Court of Session?
A: A Court of Session is a higher criminal court in India, headed by a Sessions Judge. It has the power to try serious offences like murder, rape, and dacoity.Q: What are the different ways a Court of Session can take cognizance of an offence?
A: A Court of Session can take cognizance of an offence through commitment, on its own motion, on appeal, or by transfer.Q: What is the difference between cognizance and jurisdiction?
A: Cognizance refers to the power of a court to take up a case, while jurisdiction refers to the power of a court to hear a particular type of case. A court can have jurisdiction over a case but may not necessarily have cognizance of it.
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