Cognizance of offences by Courts of Session
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Summary
A Sessions Court cannot take original cognizance of an offence unless a magistrate has committed the case to it under the Code. That rule applies unless some other provision of this Code or another law expressly allows otherwise. Consequence: a magistrate’s committal is normally required before a Sessions Court can act as a court of original jurisdiction.
Example
Priya files an FIR for a serious offence and the magistrate holds committal proceedings. Once the magistrate commits the case to the Sessions Court, the Sessions Court can take cognizance and proceed as a court of original jurisdiction. If the magistrate had not committed the case, the Sessions Court could not have started the trial as an original court.
Bare Act
Enacted textExcept as otherwise expressly provided by this Code 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 Code.
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