CrPC Section 304
Section 304 of the Criminal Procedure Code (CrPC):
CrPC Section 304 — Committal of Offences for Trial
🔹 What does Section 304 say?
When an offence is punishable with death, imprisonment for life, or imprisonment for a term exceeding two years, it cannot be tried by a Magistrate.
Such cases must be committed to the Sessions Court for trial.
The Magistrate shall send the case to the Sessions Court along with a copy of the police report and other documents.
The accused can be detained or admitted to bail by the Magistrate pending committal.
🔹 Key points:
Types of offences covered:
Punishable with death,
Or life imprisonment,
Or imprisonment for more than two years.
Trial by Sessions Court:
Magistrates do not have jurisdiction to try such offences.
They act as committal courts to send the case up for trial.
Procedure:
After the police investigation (under Section 173 CrPC), the Magistrate examines the report.
If the offence is serious as above, the Magistrate commits the accused to Sessions Court.
The Magistrate can also decide on bail or remand.
🔹 Why is this important?
Ensures serious offences are tried by higher courts (Sessions Courts) with appropriate powers.
Maintains hierarchy and jurisdiction in criminal trials.
Provides a preliminary check before trial in the Magistrate court.
🔹 Example:
If a person is accused of murder (Section 302 IPC), which is punishable with death or life imprisonment, the Magistrate cannot try the case.
The Magistrate will commit the case to the Sessions Court for trial.
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