Chapter XVI
Section 209 CrPC: Commitment of case to Court of Session when offence is triable exclusively by it
New Law Update (2024)
Section 228 BNSS
TRIAL COURT
Court of Session
Punishment
Procedural – Bail
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and, subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;
(2) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
(3) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
(4) notify the Public Prosecutor of the commitment of the case to the Court of Session.
Important Sub-Sections Explained
Section 209(1)
This sub-section outlines the primary duty of a Magistrate to commit cases exclusively triable by the Court of Session to that higher court, after ensuring all necessary documents are provided to the accused as per Sections 207 or 208.
Section 209(2)
This provision deals with the crucial aspect of judicial custody, stating that the accused may be remanded to custody during the commitment process and until the conclusion of the trial, always subject to the bail provisions of the Code.
Landmark Judgements
Kishun Singh v. State of Bihar (1993):
This judgment clarified that a Magistrate, while acting under Section 209 CrPC, performs a ministerial function of forwarding the case to the Court of Session. The Magistrate is not empowered to weigh evidence, determine the merits of the case, or discharge an accused at this stage.
State of U.P. v. Lakshmi Brahman (1983):
The Supreme Court affirmed that the Magistrate’s role in committal proceedings under Section 209 is akin to a ‘post office’. The Magistrate cannot summon additional witnesses or entertain applications for discharge, as the power to discharge lies with the Court of Session after committal.