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.
Bharatiya Nagarik Suraksha Sanhita
Section 213
Cognizance of offences by Court of Session
Englishहिंदी
⚡ Quick Answer Reference: Section 213 BNSS
- Provision: Section 213 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
- Jurisdiction: India
- Summary: This section says that a Court of Session can only take cognizance of an offence if the case has been committed to it by a Magistrate. This means that the Magistrate must first send the case to the Court of Session for it to proceed.
Statutory Content
What does Section 213 of BNSS say?
Indian StandardSection 213, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 213 (India)
Court Pleading StandardSection 213 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/213
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 213 of BNSS mean?
Plain English Explanation
This section says that a Court of Session can only take cognizance of an offence if the case has been committed to it by a Magistrate. This means that the Magistrate must first send the case to the Court of Session for it to proceed.
Practical Interpretation
In practical terms, this section means that a Court of Session cannot start investigating or trying a case on its own. Instead, it must wait for a Magistrate to refer the case to it. This helps ensure that the Court of Session only deals with cases that have been properly investigated and prepared.
Core Legal Purpose
The core purpose of this section is to ensure that the Court of Session only takes cognizance of cases that have been properly referred to it by a Magistrate. This helps maintain the integrity and efficiency of the judicial process.
Key Legal Elements
- •The case must be committed to the Court of Session by a Magistrate.
- •The Magistrate must have the authority to commit the case under the Bharatiya Nagarik Suraksha Sanhita.
- •The Court of Session must not take cognizance of the offence as a Court of original jurisdiction.
- •There is an exception if another law provides otherwise.
Practical Example
Practical Example of Section 213 BNSS
Rajesh is accused of committing a crime in a small town in India. The local police investigate the case and gather evidence. However, they need to send the case to a higher court for trial. They refer the case to a Magistrate, who then commits the case to the Court of Session. The Court of Session can now take cognizance of the offence and proceed with the trial. If the police had tried to take the case directly to the Court of Session without referring it to the Magistrate, the Court would not have been able to take cognizance of the offence.
Common Questions (FAQ)
Frequently Asked Questions about Section 213 BNSS
Q: What is the punishment or consequence under Section 213 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It only outlines the conditions under which a Court of Session can take cognizance of an offence.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the procedure for taking cognizance of offences in general.
Q: Is an offence under this section bailable or cognizable?
This section does not classify offences as bailable or cognizable. It only deals with the procedure for taking cognizance of offences, and does not prescribe any criminal classification.
People Also Ask (PAA)
Common Questions about Section 213 BNSS
What is Section 213 of BNSS?
Section 213 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Cognizance of offences by Court of Session". In plain terms: This section says that a Court of Session can only take cognizance of an offence if the case has been committed to it by a Magistrate. This means that the Magistrate must first send the case to the Court of Session for it to proceed.
What is the punishment under Section 213 of BNSS?
Section 213 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 213 of BNSS bailable or non-bailable?
Whether Section 213 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 213 of BNSS?
The essential elements of Section 213 of BNSS are: The case must be committed to the Court of Session by a Magistrate.; The Magistrate must have the authority to commit the case under the Bharatiya Nagarik Suraksha Sanhita.; The Court of Session must not take cognizance of the offence as a Court of original jurisdiction..
Landmark Case Laws
Landmark Judgments under Section 213 BNSS
Patnahcucisdb94 High Court (10 8)
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