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.
