Section 232 BNSS: Commitment of case to Court of Session when offence is triable exclusively by it (Formerly Section 209 CrPC)

Section 232 of Bharatiya Nagarik Suraksha Sanhita, 2023: Commitment of case to Court of Session when offence is triable exclusively by it

Official Bare Act Text

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

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Police Report Sec 2(1)(p) Public Prosecutor Sec 2(1)(r) Bail Sec 478

Legal Commentary & Landmark Judgments: Section 232

Section 232 prescribes the procedure for the commitment of a case to the Court of Session when the offence is triable exclusively by it, marking the statutory transition from magisterial inquiry to Sessions trial (replacing Section 209 CrPC).

Exclusive Sessions Jurisdiction: Offence appears to the Magistrate to be triable exclusively by the Court of Session.
Compliance with Document Supply: Magistrate verifies compliance with Section 230 (police cases) or Section 231 (complaint cases).
Remand & Transmission: Remands the accused to custody during and until committal, notifies the Public Prosecutor, and transmits the entire record and weapon exhibits to the Sessions Court.

Key Landmark Precedents:

Sanjay Gandhi v. Union of India (1978) 2 SCC 411: The Supreme Court held that the committing magistrate under Section 209 CrPC (Section 232 BNSS) acts as a post office; the magistrate cannot discharge the accused, evaluate witness credibility, or weigh evidence on merits.
Dharampal v. State of Haryana (2014) 3 SCC 306: The Constitution Bench settled that once the case is committed, the Sessions Court acquires original jurisdiction to summon persons not named in the charge sheet under Section 319 CrPC.
State of M.P. v. Bhooraji (2001) 7 SCC 679: Clarified the ministerial and procedural nature of committal proceedings.

Courtroom Practice & Strategic Litigation Guidance:

Do not argue for discharge before the JMFC in murder or rape cases. Under *Sanjay Gandhi*, the JMFC has no jurisdiction to weigh evidence; save your discharge arguments for the Sessions Judge under Section 250 BNSS.