Chapter XXIV
Section 323 CrPC: Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
New Law Update (2024)
Section 265 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment 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 thereupon the provision of Chapter XVIII shall apply to the commitment so made.
Important Sub-Sections Explained
Landmark Judgements
Jamuna Singh v. State of Bihar (1991):
This Supreme Court ruling clarified that Section 323 CrPC empowers a Magistrate to commit a case to the Court of Session at any stage before signing judgment, even if the offence is not exclusively triable by the Court of Session, but if it appears to the Magistrate that the case ought to be tried by the higher court due to its nature or complexity.
Kishori Singh v. State of Bihar (1978):
The Supreme Court reiterated that the power under Section 323 CrPC is discretionary and can be exercised by the Magistrate at any stage of the proceedings before delivering judgment, based on their opinion that the case is complex or significant enough to warrant trial by a Court of Session.