CrPC Section 322
Section 322 of the Criminal Procedure Code (CrPC) of India deals with the procedure where a Magistrate finds the case should be committed to a higher court.
Here is the bare act text of Section 322 CrPC:
Section 322 - Procedure where Magistrate finds case should be committed
(1) If in the course of any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings 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 shall stop further proceedings in the case.
(2) Where a Magistrate after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, is of opinion that the case should be tried by the Court of Session, he shall send the case to the Chief Judicial Magistrate who shall pass such orders thereon as he thinks fit.
Explanation:
Sub-section (1): If a Magistrate during the inquiry or trial feels that the case is not triable by him but by the Court of Session, he must commit the case to that court and halt further proceedings.
Sub-section (2): If some evidence has already been recorded and then the Magistrate decides it's a sessions case, he must forward the case to the Chief Judicial Magistrate (CJM). The CJM will then decide the appropriate course—such as committing it to the Sessions Court.
Purpose of Section 322:
To ensure that serious offences which are exclusively triable by a Court of Session are not tried by a Magistrate who lacks jurisdiction. It also maintains procedural correctness when shifting the case to the appropriate court.
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