CrPC Section 209: Commitment to Court of Session for Offences Triable Exclusively by it

This section deals with the procedure for committing an accused person to the Court of Session for offences that can only be tried by that court.

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.