Section 213 BNSS: Cognizance of offences by Court of Session (Formerly Section 193 CrPC)

Section 213 of Bharatiya Nagarik Suraksha Sanhita, 2023: Cognizance of offences by Court of Session

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 213

Section 213 provides that except as otherwise expressly provided by this Sanhita or by any other law, 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 (replacing Section 193 CrPC).

Committal Prerequisite: Court of Session cannot directly entertain an original criminal complaint; case must be committed by a Magistrate under Section 232 BNSS.
Special Law Exception: Direct cognizance permitted only where special statutes (e.g., NDPS Act, PC Act, POCSO Act, PMLA) designate the Sessions Court as a Special Court empowered to take direct cognizance.
Jurisdictional Incompetence: Original cognizance taken by a Sessions Court without committal or special statute is void.

Key Landmark Precedents:

Dharampal v. State of Haryana (2014) 3 SCC 306: The 5-Judge Constitution Bench settled that while the Court of Session cannot take cognizance of an offence in the first instance without committal, once the case is committed under Section 193 CrPC (Section 213 BNSS), the Sessions Court has original jurisdiction to summon additional accused not named in the charge sheet under Section 319 CrPC / 358 BNSS.
State of M.P. v. Bhooraji (2001) 7 SCC 679: Clarified the jurisdictional interplay between Magisterial committal and Sessions original trial competence.
Ranjit Singh v. State of Punjab (1998) 7 SCC 149: The Supreme Court examined the history and scope of Section 193 CrPC, reaffirming the requirement of prior committal.

Courtroom Practice & Strategic Litigation Guidance:

If a private complainant files a murder or dacoity complaint directly before the Sessions Judge, object to maintainability under Section 213: The complaint must be filed before the JMFC, who must examine the complainant and commit the case to Sessions under Section 232 BNSS.