Commitment of case to Court of Session when offence is triable exclusively by it
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Summary
If the accused is produced before a Magistrate and the offence can only be tried by the Court of Session, the Magistrate must commit the case to that Court after following the required committal procedures. The Magistrate may remand the accused to custody (subject to bail rules), send the case record and evidence to the Court of Session, and notify the Public Prosecutor. The committal must be done within 90 days of taking cognizance, extendable up to 180 days for written reasons; applications by the accused or victim go with the committal.
Example
Priya files an FIR after a neighbour alleges theft and the accused is produced before the Magistrate. The Magistrate finds the offence triable only by the Court of Session, remands the accused to custody subject to bail law, sends the case records to the Court of Session, and notifies the Public Prosecutor. The committal is completed within the 90 day limit.
Bare Act
Enacted textWhen 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-
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(a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made;
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(b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
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(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
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(d) notify the Public Prosecutor of the commitment of the case to the Court of Session:
Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing:
Provided further that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case.
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