How is a case committed to the Court of Session when the offence is triable exclusively by the Court of Session?

Question: How is a case committed to the Court of Session when the offence is triable exclusively by the Court of Session? [Bihar J 2014]

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Answer

Under Section 209 of CrPC, the duty of the Magistrate is to commit the case to the Court of Session, when it appears to him that the offence involved is exclusively triable by a Court of Session.

The Magistrate has to commit a case for trial to the Sessions Court only after arriving at a conclusion on the question of whether the offence is exclusively triable by the Court of Session. He has to examine for this purpose the police report and other documents mentioned in Section 207.

In cases where it appears that the offence is one triable exclusively by the Court of Session, the Magistrate need not, before committing the accused, make any elaborate preliminary inquiry except those, in case of a private complaint, as prescribed under Section 202, but he shall commit the accused to that Court, send records of the case along with documents and articles which are to be produced in evidence and notify the Public Prosecutor. He may grant bail or remand the accused to custody, as is prescribed under the Code.

Subject to bail provisions, a Magistrate is duty-bound to remand the accused until commitment, and similarly, after commitment to the Court of Sessions, an accused is to be remanded to custody during and until the conclusion of (Sessions) trial.

Once the Magistrate remands the accused during and until the end of the trial, it is not necessary for the Sessions Judge to pass further orders of remand under Section 309(2) of CrPC. Section 209 of CrPC is a specific provision, for cases exclusively triable by the Court of Sessions, and excludes the general provision under Section 309 of CrPC. [Radhey Shyam v. the State of UP, 1995 Cr LJ 556 (All)]

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