CrPC Section 323
Section 323 of the Code of Criminal Procedure (CrPC), 1973 (India) deals with the procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed.
Section 323 CrPC - Text:
"If, in 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 and forthwith forward the record of the case to the Court of Session and notify the Public Prosecutor accordingly."
Explanation:
During an inquiry or trial by a Magistrate (usually of the first class), if the Magistrate realizes that the case is more serious and should be tried by a Court of Session (which deals with more grave offences), then:
He/she must stop the proceedings, and
Commit (transfer) the case to the Sessions Court.
Send all records and notify the Public Prosecutor.
Key Points:
It allows for transfer to Sessions Court even if the case was initially started before a Magistrate.
Ensures proper jurisdiction is followed — serious offences like murder, rape, dacoity etc., are tried by the Sessions Court.
Can be done at any stage before the Magistrate gives a judgment.
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