CrPC Section 450
⚖️ Section 450 CrPC – Stay of Proceedings to Enable Cognizance to be Taken by Another Court
📜 Text of Section 450:
"Where a subordinate court is about to take cognizance of an offence which, in the opinion of the Sessions Judge or the District Magistrate, ought to be tried by a Court of Session, such Sessions Judge or District Magistrate may, by order, direct the subordinate court to stay the proceedings in the case and report the facts to the Court of Session."
✅ Explanation in Simple Terms:
🔍 What Section 450 Means:
When a lower court (usually a Magistrate's Court) is about to start or has started a trial for an offence, but the Sessions Judge or District Magistrate believes the offence is serious enough to be tried in the Sessions Court, this section gives the authority to:
Order the lower court to stay (pause) its proceedings, and
Report the case to the Sessions Court for taking cognizance.
Essentially, this section is about transferring the trial of a serious offence from a lower court to a higher court (Sessions Court).
🔹 Key Points:
Who can issue the order?
The Sessions Judge or the District Magistrate.
When can the order be issued?
When a subordinate court is about to take cognizance (start trial) of an offence.
They believe that the offence should be tried by the Sessions Court (higher court).
What does the order do?
Directs the subordinate court to stay the trial or inquiry.
Requires the facts of the case to be reported to the Sessions Court.
Purpose:
To ensure that offences which require trial by a Sessions Court are tried by the correct court.
Prevents a Magistrate court from trying offences that are exclusively triable by Sessions Court.
🧠 Purpose of Section 450:
To maintain proper jurisdictional limits for criminal trials.
To avoid inferior courts from trying offences beyond their authority.
To provide a mechanism to transfer serious cases to the Sessions Court promptly.
Ensures efficient administration of justice by trying offences in the appropriate forum.
📝 Illustration:
Suppose:
A Magistrate court is about to start a trial for an offence like murder, which is triable only by Sessions Court.
The Sessions Judge or District Magistrate notices this.
They can order the Magistrate court to stay proceedings and send the case to the Sessions Court.
The Sessions Court will then take cognizance and proceed with the trial.
📌 Important Notes:
This section does not transfer the case automatically; it only stays the proceedings and reports the case.
The Sessions Court then decides whether to take cognizance and proceed.
The provision safeguards the jurisdictional hierarchy between Magistrate Courts and Sessions Courts.
🔗 Related Sections:
Section 190 CrPC: Cognizance of offences by Magistrates.
Section 209 CrPC: Commitment of cases to Sessions Court.
Section 455 CrPC: When a Magistrate tries an offence triable exclusively by Sessions Court.
✅ Summary Table:
| Element | Explanation |
|---|---|
| Authority issuing order | Sessions Judge or District Magistrate |
| Subject of order | Stay subordinate court’s proceedings |
| Purpose | To report serious offences to Sessions Court |
| Effect | Ensures trial happens in proper court (Sessions Court) |
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