CrPC Section 259
CrPC Section 259: When case is sent for trial to Court of Session
🔹 Text of Section 259 CrPC:
"If, on consideration of the report and documents forwarded under section 173, and the evidence recorded under section 202, the Magistrate considers that the offence is of a nature which is not triable by him, or if he is of the opinion that the case is a fit one to be tried by the Court of Session, he shall, if he thinks fit, commit the case or send the accused to such Court of Session."
🔍 Explanation in Simple Terms:
Section 259 CrPC deals with the commitment of cases by the Magistrate to the Court of Session for trial.
⚖️ 1. Context:
When a Magistrate is conducting an inquiry or preliminary investigation into a case, or receiving a police report (under Section 173 CrPC).
After considering all the materials — police report, documents, and evidence collected (including evidence recorded under Section 202, which is usually a preliminary hearing or inquiry by Magistrate) — the Magistrate has to decide where the case should be tried.
🧑⚖️ 2. What Does the Magistrate Do?
If the Magistrate believes the case involves an offence that is beyond his jurisdiction (meaning the offence is too serious or punishable with a sentence that the Magistrate cannot impose), he can send or commit the case to the Court of Session (which is a higher court).
The Magistrate has the power to send the accused to the Sessions Court for trial, if the case requires it.
📌 Why is this Section Important?
Magistrates are usually the courts of first instance for minor offences (trial of offences punishable with imprisonment up to 3 years, fines, etc.).
More serious offences, like murder, rape, dacoity, and other offences punishable with more than 7 years imprisonment, must be tried by the Sessions Court.
Section 259 ensures that serious offences do not get tried by Magistrates, but are referred or committed to the proper court (Sessions Court).
🧷 Key Points to Note:
| Point | Explanation |
|---|---|
| When? | After preliminary investigation and considering evidence under Section 173 (police report) and Section 202 (evidence recorded by Magistrate). |
| Who? | The Magistrate. |
| What? | If offence is not triable by Magistrate or fit for Sessions Court, the case is sent or committed to Court of Session. |
| Effect | Ensures trial is conducted by the appropriate court based on the gravity of the offence. |
🧠 Example to Illustrate:
A police report is submitted alleging that a person committed robbery (an offence punishable with imprisonment of 7 years or more).
The Magistrate looks at the police report and evidence and decides that this is a serious offence and not triable by him.
Under Section 259, the Magistrate commits the case to the Sessions Court so that the accused can be tried by a higher court.
Summary:
Section 259 CrPC is about the Magistrate sending or committing cases to the Sessions Court when the offence is serious and outside the Magistrate's jurisdiction for trial.
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