What Is BNSS Section 232?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 232: Commitment of Case to Court of Session When Offence is Triable Exclusively by It

When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—

• (a) commit, after complying with the provisions of section 230 or section 231, the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made;
• (b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
• (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
• (d) notify the Public Prosecutor of the commitment of the case to the Court of Session:

Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing:

Provided further that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session shall be forwarded to the Court of Session with the committal of the case.

Brief Detail

Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for committing a case to the Court of Session when the offence is exclusively triable there. It stipulates the responsibilities of the Magistrate, including committing the case after following relevant sections, remanding the accused in custody, sending necessary records and documents, and notifying the Public Prosecutor. The section also mandates that these proceedings be completed within ninety days, extendable under specific conditions.

Question & Answers

Q1: What must the Magistrate do when the offence is triable exclusively by the Court of Session?

A1: The Magistrate must commit the case to the Court of Session, remand the accused to custody, send the record of the case along with relevant documents, and notify the Public Prosecutor.

Q2: How long does the Magistrate have to complete the proceedings under this section?

A2: The proceedings must be completed within ninety days from the date of taking cognizance, which can be extended by the Magistrate for up to one hundred and eighty days for recorded reasons.

Q3: What happens to applications filed by the accused or victim?

A3: Any application filed before the Magistrate by the accused, victim, or an authorized person must be forwarded to the Court of Session along with the committal of the case.

Q4: Can the accused be remanded to custody during the trial?

A4: Yes, the accused can be remanded to custody during the trial, subject to the provisions of this Sanhita relating to bail.

Q5: What records must be sent to the Court of Session?

A5: The Magistrate must send the record of the case along with any documents and articles that are to be produced in evidence.

Example

- Commitment of Case: If a Magistrate determines that a case involving serious charges like murder is triable exclusively by the Court of Session, he will commit the case, ensure the accused is remanded in custody, and send all relevant documents to the Court.

- Timely Proceedings: If the Magistrate takes cognizance of the case on January 1, he must complete the commitment process by March 31, unless an extension is justified and recorded.

Summary

Section 232 ensures that cases deemed exclusively triable by the Court of Session are handled efficiently and within a specified timeframe. It outlines the necessary steps for the Magistrate to commit the case, remand the accused, and notify relevant parties, thereby maintaining the integrity of the judicial process.