Chapter XIV
Section 193 CrPC: Cognizance of offences by Courts of Session
New Law Update (2024)
Section 216 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code.
Important Sub-Sections Explained
Landmark Judgements
Kishun Singh v. State of Bihar (1993):
The Supreme Court authoritatively held that a Court of Session cannot take direct cognizance of an offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under the Code. This decision reinforced the mandatory nature of the commitment procedure for the Sessions Court’s jurisdiction.
Sanjay Gandhi v. Union of India (1978):
This landmark judgment clarified the scope and purpose of committal proceedings, emphasizing that they are not a mini-trial but a mechanism to ascertain if there is sufficient material to send the case to the Court of Session for trial, thereby underscoring the Magistrate’s preliminary role in enabling the Sessions Court to take cognizance under Section 193.