Commitment of case to Court of Session when offence is triable exclusively by it
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Summary
If a case reaches a Magistrate and the Magistrate finds the offence is triable only by the Court of Session, the Magistrate must commit the case to the Sessions Court after following the disclosure steps in sections 207 or 208. The Magistrate may remand the accused to custody (subject to bail rules), send the record and evidence to the Sessions Court, and notify the Public Prosecutor.
Example
Priya files an FIR and the accused is produced before the Magistrate. The Magistrate finds the offence triable only by the Sessions Court, complies with sections 207/208, commits the case to the Sessions Court, remands the accused to custody subject to bail law, sends the record and evidence, and notifies the Public Prosecutor.
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 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;
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(b) subject to the provisions of this Code 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.
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