Cognizance of offences by Court of Session
AI Assist
Summary
A Court of Session cannot take cognizance of an offence as a court of original jurisdiction unless a Magistrate has committed the case to it. That rule applies unless this Sanhita or any other law expressly provides otherwise. Consequently, Sessions Courts normally begin trials only after committal by a Magistrate, not by direct original filing.
Example
Priya reports a theft and the police file the charge sheet with the local Magistrate. After preliminary proceedings the Magistrate commits the case to the Sessions Court. Because of that committal, the Sessions Court may take cognizance and try Priya's case; it could not have begun as an original matter without committal.
Bare Act
Enacted textExcept as otherwise expressly provided by this Sanhita 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 Sanhita.
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