CrPC Section 109
Section 109 CrPC: Order for Committal of Offence Triable Exclusively by the Court of Session
Text of Section 109 (Simplified)
When a Magistrate, on receipt of a complaint or otherwise, finds that:
The offence appears to be exclusively triable by the Court of Session (i.e., a serious offence that only the Sessions Court can try),
He shall commit the case to the Court of Session for trial.
Detailed Explanation
1. Context and Purpose
The CrPC classifies offences according to their severity:
Cognizable and non-cognizable offences,
Offences triable by Magistrate (either Executive Magistrate or Judicial Magistrate),
Offences triable exclusively by the Court of Session (more serious offences).
Some offences are serious enough that only the Sessions Court can try them. For example, murder, rape, robbery, etc.
Section 109 ensures that such cases are sent to the appropriate court without delay.
2. When does this apply?
When a Magistrate receives a complaint (written or oral) about a serious offence.
When, upon preliminary examination, the Magistrate believes the offence is exclusively triable by the Sessions Court.
3. What is “committal”?
Committal means sending the case to a higher court (the Sessions Court) for trial.
The Magistrate does not try the case but forwards it with relevant documents.
4. Procedure
The Magistrate may conduct a preliminary inquiry or examination to see if the case falls under the category of serious offences.
If yes, the Magistrate prepares a committal order.
The case is transferred to the Sessions Court for trial.
5. Effect of Committal
The Sessions Court takes over the trial.
The Magistrate’s role is limited to the initial stage only.
This ensures that serious offences are tried in courts with adequate powers and procedures.
Summary
Section 109 CrPC deals with sending cases exclusively triable by the Sessions Court to that Court.
If a Magistrate finds the offence serious enough, he must commit the case to the Sessions Court.
This facilitates proper trial in the appropriate forum.
RELATED Blog
0 comments