Bharatiya Nagarik Suraksha Sanhita, 2023
Section 232
Commitment of case to Court of Session when offence is triable exclusively by it
When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—
(a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made;
(b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
(d) 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 a period of 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 the reasons to be recorded in writing: Provided further that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case.
Why this exists
Certain serious offences (like murder or offences carrying life imprisonment) can only be tried by the higher Sessions Court, not a Magistrate. This section provides the formal bridge — 'committal' — that transfers a case, the accused, and all evidence from the Magistrate's court to the Sessions Court in an orderly way, while the newly added 90/180-day time limits (introduced in 2023) aim to prevent cases from languishing indefinitely at the committal stage.
How courts read it
Under the corresponding earlier provision (CrPC section 209), courts have treated committal as essentially administrative rather than adjudicatory — the Magistrate does not weigh evidence at this stage but simply forwards a triable case to the court with jurisdiction to try it.
Common misconceptions
- Myth: Committal to the Sessions Court means the Magistrate has already decided the accused is guilty.
Fact: Committal is a procedural transfer of a case to the court with the authority to try it — the Magistrate does not weigh guilt or innocence at this stage.