CrPC Section 262
Sure! Here’s a clear explanation of Section 262 of the Criminal Procedure Code (CrPC), 1973:
Section 262 CrPC – Power to commit cases to the Court of Sessions
🔹 Text of Section 262:
262. Power to commit cases to the Court of Sessions.
(1) When, in the course of the examination of the accused or of the evidence, the Magistrate considers that the case is, for any reason, one which ought to be tried by the Court of Session, he shall commit the case or cause the accused to be sent for trial to such court.
(2) When an accused person has been committed to the Court of Session, the Magistrate may, if he thinks fit, and shall, at the request of the accused or of the public prosecutor, state in writing the circumstances appearing in the case which have occasioned the committal.
🔎 Explanation and Key Points:
This section deals with the power of a Magistrate to transfer cases to the Sessions Court.
If during the trial (either while examining the accused or the evidence), the Magistrate feels that the case is too serious or complex and should be tried by a Sessions Court (which handles more serious offences), the Magistrate commits the case to the Sessions Court.
The Magistrate can also provide a written statement explaining why the case was committed, either on their own accord or upon request by the accused or public prosecutor.
Sessions Courts try serious offences (typically indictable offences) and have more powers and longer sentences compared to Magistrate courts.
✅ Practical effect:
Ensures serious offences get tried by appropriate courts with greater authority.
Helps maintain the hierarchy of courts and proper allocation of cases.
Protects the rights of accused by allowing requests for reasons for committal.
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