Law4u - Made in India

What Is BNSS Section 213?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 213: Cognizance of Offences by Courts of Session

Except as otherwise expressly provided by this Sanhita 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 Sanhita.

Brief Detail

Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stipulates that Courts of Session cannot take cognizance of any offence as a court of original jurisdiction unless the case has been committed to them by a Magistrate. This section ensures that the jurisdiction of Courts of Session is exercised only in cases specifically referred to them by the appropriate Magistrate.

Question & Answers

Q1: What does Section 213 address?

A1: It addresses the conditions under which Courts of Session can take cognizance of offences.

Q2: Can a Court of Session take cognizance of an offence directly?

A2: No, a Court of Session cannot take cognizance directly unless the case has been committed to it by a Magistrate.

Q3: Are there any exceptions to this rule?

A3: Yes, the rule can be expressly modified by this Sanhita or any other law in force.

Q4: What is the significance of a Magistrate's role in this section?

A4: A Magistrate serves as the authority that commits cases to the Court of Session, thereby establishing jurisdiction.

Q5: What type of jurisdiction does a Court of Session hold under this section?

A5: A Court of Session holds original jurisdiction only if a case is committed to it by a Magistrate.

Example

  • Scenario 1: A Magistrate reviews a serious criminal case and determines it requires a higher level of scrutiny. The Magistrate then commits the case to the Court of Session for further proceedings.
  • Scenario 2: A Court of Session receives a case regarding a financial fraud only after it has been formally committed by a Magistrate, ensuring that all procedural protocols have been followed.

Summary

Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023, clarifies that Courts of Session can only take cognizance of offences when cases are committed to them by a Magistrate. This provision helps maintain the hierarchy and procedural integrity within the judicial system.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mandeep Kaur

Advocate Mandeep Kaur

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, Recovery, R.T.I, Succession Certificate, Supreme Court, Tax, Medical Negligence, Breach of Contract, Banking & Finance

Get Advice
Advocate Rajeev Kumar Jha

Advocate Rajeev Kumar Jha

Anticipatory Bail,Civil,Consumer Court,Documentation,High Court,Insurance,Landlord & Tenant,Property,R.T.I,RERA,Startup,Succession Certificate,Wills Trusts,

Get Advice
Advocate Sabnam Khatun

Advocate Sabnam Khatun

Anticipatory Bail, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Family, Motor Accident, Muslim Law, R.T.I, Recovery, Wills Trusts, Domestic Violence, Landlord & Tenant, Property, Succession Certificate

Get Advice
Advocate Venigalla Srinivasa Rao

Advocate Venigalla Srinivasa Rao

Banking & Finance, Cheque Bounce, Civil, Family, High Court

Get Advice
Advocate Shefeek Thunnante Valappil

Advocate Shefeek Thunnante Valappil

Anticipatory Bail,Cheque Bounce,Civil,Consumer Court,Criminal,Cyber Crime,High Court,Muslim Law,Property,

Get Advice
Advocate Anil Yadav

Advocate Anil Yadav

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Immigration, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, NCLT, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Rajesh Roushan

Advocate Rajesh Roushan

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Property, Trademark & Copyright

Get Advice
Advocate Sumit Kalia

Advocate Sumit Kalia

Motor Accident, Landlord & Tenant, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Recovery, Succession Certificate, Supreme Court, Revenue, Wills Trusts, R.T.I

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.