Section 213 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 213 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the jurisdictional authority of the Court of Session concerning cognizance of offences.
Text of Section 213
Cognizance of offences by Court 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.()
Explanation
Section 213 stipulates that the Court of Session cannot initiate proceedings for any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under the provisions of the BNSS. This provision ensures a structured and hierarchical approach to the administration of justice, delineating the roles and jurisdictions of Magistrates and Sessions Courts.
Significance
Structured Judicial Hierarchy: This section reinforces the established legal framework where Magistrates handle initial proceedings, and the Sessions Court deals with more serious offences upon commitment.
Prevents Overreach: It prevents the Court of Session from overstepping its jurisdiction by initiating cases that fall within the purview of Magistrates.
Ensures Legal Compliance: By adhering to this provision, the legal process maintains consistency and compliance with the procedural law set forth in the BNSS.
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