CrPC Section 209 — Commitment of case to Court of Session when offence is triable exclusively by it

Summary

When the accused appears before or is brought before a Magistrate in a case started on a police report or otherwise, and the Magistrate considers that the offence can be tried only by the Court of Session, the Magistrate must take these steps: (a) after following section 207 or section 208, as applicable, commit the case to the Court of Session and, subject to the Code’s provisions on bail, keep the accused in custody until the case is committed; (b) subject to those provisions on bail, keep the accused in custody during the trial and until it concludes; (c) send the Court of Session the case record and any documents or articles to be produced as evidence; and (d) inform the Public Prosecutor that the case has been committed to that Court.

Official Text

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.

Sections referred to

• CrPC §207 — Supply to the accused of copy of police report and other documents
• CrPC §208 — Supply of copies of statements and documents to accused in other cases triable by Court of Session

Referred to by

• CrPC §226 — Opening case for prosecution

Related Judgments

• SUDHLR AND ORS. vs STATE OF M.P — Supreme Court of India (2001)
• SHANTABEN BHURABHAI BHURIYA vs ANAND ATHABHAI CHAUDHARI & ORS — Supreme Court of India (2021)
• STATE OF ORISSA vs DEVENDRA NATH PADHI — Supreme Court of India (2004)
• SUNITA DEVI vs THE STATE OF BIHAR & ANR — Supreme Court of India (2024)
• SATENDER KUMAR ANTIL vs CENTRAL BUREAU OF INVESTIGATION & ANR — Supreme Court of India (2022)
• BALVEER SINGH & ANR. vs STATE OF RAJASTHAN & ANR — Supreme Court of India (2016)

Old <-> New Code Mapping

• BNSS §232 — Commitment of case to Court of Session when offence is triable exclusively by it