Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
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Summary
If, before signing judgment in an inquiry or trial, the Magistrate finds the offence should be tried by the Sessions Court, he must send the case to that Court. The prior committal provisions and the procedures of Chapter XVIII then apply to the transfer. This can happen at any stage before judgment is signed.
Example
Aditya is being tried before a Magistrate for a serious assault. Midway through proceedings the Magistrate realises the offence is triable only by the Sessions Court, so he commits the case to the Sessions Court and the committal rules and Chapter XVIII procedures take over.
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 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 provision of Chapter XVIII shall apply to the commitment so made.
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