Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
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Summary
If, during an inquiry or trial before a Magistrate, it appears before the judgment is signed that the case ought to be tried by the Court of Session, the Magistrate must commit the case to that Court under the procedural provisions for committal. After commitment, Chapter XIX governs how the committal is handled. The Magistrate cannot finally dispose of a case that should go to the Sessions Court.
Example
Priya faces a theft charge being heard by a Magistrate. Before signing judgment the Magistrate finds the offence is of a kind that should be tried by the Sessions Court, so the Magistrate commits the case to the Sessions Court and the Chapter XIX procedures apply.
Bare Act
Enacted textIf, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XIX shall apply to the commitment so made.
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