Section 232 of BNSS, 2023 — Commitment of Case to Court of Session When Offence Is Triable Exclusively by It

Introduction

Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the commitment of a case to the Court of Session when the offence is triable exclusively by that Court.

The provision lays down the procedure to be followed by a Magistrate after the required documents have been supplied to the accused and the Magistrate finds that the case is one which must be tried by the Court of Session.

The Magistrate does not conduct the full trial of such an offence. Instead, the case is committed to the Court of Session so that the Sessions Court can conduct the trial according to law.

Meaning of Section 232

Where, in a case instituted before a Magistrate, it appears that the offence is triable exclusively by the Court of Session, the Magistrate must commit the case to the Court of Session.

Before doing so, the Magistrate must comply with the applicable requirements relating to supply of documents to the accused.

The provision therefore establishes the procedural link between proceedings before the Magistrate and the subsequent trial before the Sessions Court.

Object and Purpose

The main objectives of Section 232 are:

• To ensure that offences exclusively triable by the Court of Session are tried by the appropriate Court.
• To provide a proper procedure for transferring the case from the Magistrate to the Sessions Court.
• To ensure that the accused receives the required documents before commitment.
• To prevent a Magistrate from conducting a trial that falls exclusively within the jurisdiction of the Court of Session.
• To facilitate the smooth commencement of Sessions proceedings.

Essential Elements

1. Offence Must Be Triable Exclusively by Court of Session

The central requirement is that the offence must be triable exclusively by the Court of Session.

The Magistrate therefore cannot conduct the trial of such an offence himself.

2. Case Must Be Before a Magistrate

The case is initially before a Magistrate who is required to follow the commitment procedure.

3. Supply of Documents

The Magistrate must comply with the applicable provisions concerning supply of copies of the police report, statements and other documents to the accused.

4. Commitment to Sessions Court

After fulfilling the statutory requirements, the Magistrate commits the case to the Court of Session.

Procedure under Section 232

The procedure can be understood as follows:

1. A case comes before the Magistrate.
2. The Magistrate determines that the offence is triable exclusively by the Court of Session.
3. The required documents are supplied to the accused.
4. The Magistrate commits the case to the Court of Session.
5. The Magistrate sends the record and relevant documents to the Sessions Court.
6. The Magistrate notifies the Public Prosecutor of the commitment.
7. The accused is dealt with according to the procedure applicable before the Court of Session.

Time Limit for Commitment

Section 232 requires the Magistrate to commit the case to the Court of Session within ninety days from the date of taking cognizance.

The period may be extended for reasons to be recorded in writing, but such extension is subject to the statutory framework.

This time requirement is intended to prevent unnecessary delay at the Magistrate stage before a Sessions-triable case reaches the Court competent to conduct the trial.

Sending the Record and Documents

After committing the case, the Magistrate must send the relevant:

• record of the case;
• documents;
• articles, where applicable; and
• other material required for the proceedings

to the Court of Session.

This ensures that the Sessions Court receives the material necessary to proceed with the case.

Notice to Public Prosecutor

The Magistrate must also notify the Public Prosecutor of the commitment of the case.

This allows the prosecution to take the necessary steps before the Court of Session.

Bail and Custody

Where the accused is in custody, the question of custody and bail is dealt with according to the applicable provisions.

Commitment of the case does not itself amount to a finding of guilt or innocence.

The Sessions Court subsequently deals with the case in accordance with the procedure governing Sessions trials.

Role of the Magistrate

The Magistrate’s role under Section 232 is primarily procedural.

The Magistrate:

• identifies that the offence is exclusively triable by the Court of Session;
• ensures compliance with the document-supply requirements;
• commits the case to the Sessions Court;
• sends the necessary record and documents;
• informs the Public Prosecutor.

The Magistrate does not conduct the full trial of the Sessions-triable offence.

Important Distinctions

Commitment vs Conviction

Commitment of a case does not mean that the accused has been found guilty.

It merely transfers the case to the Court legally competent to conduct the trial.

Commitment vs Taking Cognizance

Taking cognizance and commitment are separate procedural stages.

The Magistrate may take cognizance of an offence and thereafter commit the case to the Court of Session when the offence is exclusively triable by that Court.

Commitment vs Transfer

Commitment under Section 232 is a specific statutory procedure for cases that are exclusively triable by the Court of Session.

It should not be confused with an ordinary transfer of a criminal case from one Court to another.

BNSS and CrPC

Section 232 of the BNSS corresponds to Section 209 of the Code of Criminal Procedure, 1973.

The basic principle has been retained: where an offence appears to be triable exclusively by the Court of Session, the Magistrate must commit the case to the Sessions Court after complying with the prescribed procedural requirements.

The BNSS additionally provides a specific ninety-day period from the date of taking cognizance for commitment, subject to extension for reasons recorded in writing.

Relationship with Other BNSS Provisions

Section 230 — Supply of Documents in Police-Report Cases

Section 230 deals with supplying the accused with copies of the police report and other documents in cases instituted on a police report.

These document-supply requirements are relevant before the case proceeds towards commitment.

Section 231 — Supply of Documents in Other Sessions-Trial Cases

Section 231 deals with supplying copies of statements and documents to the accused in cases instituted otherwise than on a police report and triable exclusively by the Court of Session.

Section 233 — Procedure to Be Followed by Magistrate in Cases Instituted Under Section 212

Section 233 deals with the procedure applicable in certain cases instituted under Section 212.

Thus, Sections 230–232 form an important sequence concerning document supply and commitment of Sessions-triable cases.

Example

A Magistrate takes cognizance of an offence which is exclusively triable by the Court of Session.

The required documents are supplied to the accused. Since the Magistrate cannot conduct the trial of the offence, the Magistrate commits the case to the Court of Session, sends the relevant record and documents, and informs the Public Prosecutor.

The Sessions Court then deals with the case according to the procedure applicable to Sessions trials.

Common Confusions

Can the Magistrate try an offence exclusively triable by the Court of Session?

No.

The Magistrate must commit the case to the Court of Session in accordance with Section 232.

Does commitment mean the accused is guilty?

No.

Commitment only transfers the case to the Court competent to conduct the trial.

Does the Magistrate decide the entire case before commitment?

No.

The Magistrate performs the prescribed preliminary and procedural functions and commits the case to the Sessions Court.

Is there a time limit for commitment?

Yes.

Section 232 provides for commitment within ninety days from the date of taking cognizance, subject to extension in accordance with the provision and reasons being recorded in writing.

Topic at a Glance

• BNSS Section: 232
• Subject: Commitment of case to Court of Session
• Applicable situation: Offence is triable exclusively by the Court of Session
• Role of Magistrate: Complete preliminary requirements and commit the case
• Time limit: Ninety days from taking cognizance, subject to permitted extension
• Documents: Relevant record and documents are sent to the Sessions Court
• Public Prosecutor: Notice of commitment is given
• Corresponding CrPC provision: Section 209
• Nature: Procedural provision

Quick Revision

• Section 232 deals with commitment of a case to the Court of Session.
• It applies when the offence is triable exclusively by the Court of Session.
• The Magistrate must comply with the applicable document-supply requirements.
• The case must be committed within ninety days from the date of taking cognizance, subject to permitted extension.
• The Magistrate sends the relevant record and documents to the Sessions Court.
• The Public Prosecutor is notified of the commitment.
• Commitment does not amount to conviction.
• The Magistrate does not conduct the Sessions trial.
• Section 232 BNSS corresponds to Section 209 CrPC.
• The Sessions Court conducts the trial after commitment.

ALSO READ: Section 231 – Supply of copies of statements and documents to accused in other cases triable by Court of Session

Conclusion

Section 232 of the BNSS provides the procedure by which a Magistrate commits a case to the Court of Session when the offence is exclusively triable by that Court. The provision ensures that the required documents are supplied, the case is committed within the prescribed period, the relevant record is transmitted and the Public Prosecutor is informed. It establishes a proper procedural transition from the Magistrate’s Court to the Sessions Court without determining the guilt or innocence of the accused.