Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Commitment of Case to Court of Session
📜 Text of Section 232
Section 232 of the BNSS, 2023 stipulates that when an accused appears before a Magistrate in a case instituted on a police report or otherwise, and the offence is triable exclusively by the Court of Session, the Magistrate shall:
Commit the Case: After complying with the provisions of Section 230 or 231, commit the case to the Court of Session
Remand the Accused: Subject to the provisions of the Sanhita relating to bail, remand the accused to custody until such commitment has been made.
Send Records and Evidence: Send to the Court of Session the record of the case and any documents and articles to be produced in evidence.
Notify the Public Prosecutor: Notify the Public Prosecutor of the commitment of the case to the Court of Session.
Provided that the proceedings under this section shall be completed within ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for reasons to be recorded in writing
Provided further that any application filed before the Magistrate by the accused, the victim, or any person authorized by such person in a case triable by the Court of Session shall be forwarded to the Court of Session with the committal of the case.
⚖️ Legal Context and Purpose
Section 232 of the BNSS, 2023, mirrors Section 209 of the Code of Criminal Procedure (CrPC), 1973. It outlines the procedure for committing a case to the Court of Session when the offence is triable exclusively by it. This provision ensures that serious offences, which require a higher level of judicial scrutiny, are appropriately transferred to the Court of Session for trial.
The section also introduces specific timelines for the commitment process, mandating that proceedings be completed within ninety days from the date of taking cognizance, with a possible extension of up to one hundred and eighty days for valid reasons. This aims to expedite the judicial process and reduce delays in serious criminal cases.(lawfyi.io)
🧭 Illustrative Example
Scenario: An accused is brought before a Magistrate in a case involving a serious offence, such as murder, which is triable exclusively by the Court of Session.
Application of Section 232:
Commitment to Court of Session: The Magistrate, after complying with the provisions of Section 230 or 231, commits the case to the Court of Session.
Remand of Accused: The accused is remanded to custody, subject to the provisions of the Sanhita relating to bail, until the commitment is made
Transmission of Records: The Magistrate sends the record of the case and any documents and articles to be produced in evidence to the Court of Session.
Notification to Public Prosecutor: The Public Prosecutor is notified of the commitment of the case to the Court of Session.
Timely Completion: The entire commitment process is completed within ninety days from the date of taking cognizance, or within one hundred and eighty days if an extension is granted for valid reasons.
📌 Conclusion
Section 232 of the BNSS, 2023, provides a clear and structured procedure for committing serious criminal cases to the Court of Session. By establishing specific timelines and procedures, it aims to ensure that such cases are handled efficiently and without unnecessary delays, thereby upholding the principles of justice and accountability.
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