CrPC Section 333
Section 333 of the Code of Criminal Procedure (CrPC), 1973 (India):
Section 333 CrPC – Power of High Court to direct trial
Text:
"When a Magistrate has taken cognizance of an offence punishable with death, or imprisonment for life, or imprisonment for a term exceeding seven years, the High Court may, if it thinks fit, either before or after the commencement of the trial, direct that the trial of the offence be conducted by the Court of Session."
Meaning / Explanation:
If a Magistrate begins trial of a serious offence—like one punishable with:
Death penalty, or
Life imprisonment, or
Imprisonment for more than seven years,
Then the High Court has the authority to order that the trial should be conducted by the Court of Sessions instead of the Magistrate.
This direction can be given before the trial starts or even after it has begun.
Purpose:
Ensures that serious offences are tried by the appropriate court (Sessions Court), which is better equipped for such cases.
The High Court supervises and can transfer a case to Sessions Court if it feels the Magistrate’s court is not the proper forum for the trial.
In short:
Magistrates cannot try very serious offences if the High Court directs otherwise.
This section empowers the High Court to ensure proper trial jurisdiction for grave offences.

comments