CrPC Section 209
CrPC Section 209: Commitment of case to Court of Session
🔹 Text of Section 209 CrPC:
"When a Magistrate holding an inquiry or trial of a warrant case is of opinion that the case is, or ought to be, tried by the Court of Session, he shall commit the case or send the accused to the Court of Session."
🔍 Explanation in Simple Terms:
Section 209 deals with the commitment of cases from a Magistrate’s court to the Sessions Court for trial.
⚖️ 1. When Does This Section Apply?
Applies when a Magistrate is conducting an inquiry or trial in a warrant case.
A warrant case means a case relating to an offence punishable with imprisonment for more than two years or a more serious punishment.
🧑⚖️ 2. What Does the Magistrate Do Under Section 209?
If the Magistrate, at any stage of the inquiry or trial, thinks that the case should be tried by the Sessions Court (because it is a serious offence or beyond his jurisdiction), he must commit the case to the Sessions Court.
Alternatively, he can send the accused to the Sessions Court to stand trial there.
📌 Why is this Important?
Magistrates have limited jurisdiction in terms of the offences they can try and punish.
Serious offences (e.g., murder, rape, robbery) must be tried by the Sessions Court.
Section 209 ensures that serious cases are referred upwards for trial by an appropriate court with wider powers.
🧷 Key Points to Remember:
| Aspect | Explanation |
|---|---|
| Applicable cases | Warrant cases (serious offences). |
| Who acts? | Magistrate conducting inquiry or trial. |
| Action taken | Commit the case or send the accused to Sessions Court. |
| Timing | Can be done at any stage of the inquiry or trial. |
| Purpose | To ensure trial by the proper court having jurisdiction over serious offences. |
🧠 Example:
A Magistrate is trying a case of robbery, which is punishable with more than 7 years imprisonment.
On reviewing the case, the Magistrate realizes this is a serious offence and outside his jurisdiction.
Under Section 209, he commits the case to the Sessions Court so the accused can be tried there.
Relation to Other Sections:
After the Magistrate commits the case under Section 209, the Sessions Court will frame charges (under Section 228 CrPC).
Then the trial proceeds in the Sessions Court.
Summary:
Section 209 CrPC mandates that when a Magistrate finds that a warrant case should be tried by the Sessions Court, the Magistrate must commit the case or send the accused to the Sessions Court.
This ensures that cases are tried by courts with the appropriate jurisdiction and authority.
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