CrPC Section 254
Section 254 CrPC — Committal of Cases to Court of Session
Text of Section 254 CrPC:
"When a Magistrate, before whom a case is instituted or taken up for trial, is of opinion that the case is a fit one to be tried by the Court of Session, he shall commit the case for trial to such Court."
Explanation and Breakdown:
1. Purpose of Section 254 CrPC
This section deals with the committal of cases from a Magistrate’s court to a Court of Session.
When a Magistrate thinks that the case is serious enough and should be tried by a higher court (Sessions Court), the Magistrate has to send or commit the case to the Sessions Court for trial.
2. Why Commit a Case?
Magistrates have limited powers and can try only certain types of offences (usually less serious ones).
More serious offences (like murder, robbery, rape) are tried by the Sessions Court.
So, the Magistrate cannot try these serious offences and must forward the case to the Sessions Court.
3. Types of Cases for Committal
Cases involving offences punishable with imprisonment for more than 7 years.
Cases involving offences triable exclusively by the Sessions Court.
Complex or serious cases which require higher judicial scrutiny.
4. Procedure Under Section 254
The Magistrate examines the police report (charge-sheet), evidence, and other materials.
If the Magistrate thinks the case is suitable for the Sessions Court, the Magistrate commits the case.
The Magistrate prepares a committal paper and sends the case records to the Sessions Court.
5. Important Points
This section applies to cases instituted before a Magistrate.
The decision to commit the case is based on the Magistrate’s opinion.
The Magistrate does not try the case; only the Sessions Court will conduct the trial.
6. Summary Table
| Aspect | Details |
|---|---|
| Purpose | Sending serious cases to Sessions Court |
| Authority | Magistrate |
| Type of cases | Serious offences punishable > 7 years |
| Result | Case committed to Sessions Court |
| Document prepared | Committal papers |
7. Example:
If a person is charged with murder (punishable by life imprisonment or death), the Magistrate cannot try the case but must commit the case to the Sessions Court for trial under Section 254.
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