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.
Bharatiya Nagarik Suraksha Sanhita
Section 232
Commitment of case to Court of Session when offence is triable exclusively by it
⚡ Quick Answer Reference: Section 232 BNSS
- Provision: Section 232 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
- Jurisdiction: India
- Summary: When a case is brought to a Magistrate and it's clear that the offence can only be tried by the Court of Session, the Magistrate must send the case to the Court of Session. The accused will be kept in custody until the case is sent. The Magistrate must also send all the case records and evidence to the Court of Session. This process must be completed within 90 days, but can be extended for up to 180 days if necessary.
What does Section 232 of BNSS say?
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What does Section 232 of BNSS mean?
Plain English Explanation
When a case is brought to a Magistrate and it's clear that the offence can only be tried by the Court of Session, the Magistrate must send the case to the Court of Session. The accused will be kept in custody until the case is sent. The Magistrate must also send all the case records and evidence to the Court of Session. This process must be completed within 90 days, but can be extended for up to 180 days if necessary.
Practical Interpretation
In practice, this section means that the Magistrate has a crucial role in deciding whether a case should be sent to the Court of Session. The Magistrate must carefully consider the evidence and the law to make this decision. The accused will have the right to apply for bail during this time, and the victim or their representative may also make applications to the Magistrate.
Core Legal Purpose
The core purpose of this section is to ensure that serious offences are tried by the Court of Session, which has the power to impose harsher sentences. This section helps to ensure that justice is served and that the most serious cases are dealt with by the most appropriate court.
- •The offence must be triable exclusively by the Court of Session.
- •The accused must appear or be brought before the Magistrate.
- •The Magistrate must comply with the provisions of sections 230 or 231.
- •The proceedings must be completed within 90 days, or extended for up to 180 days with good reason.
Practical Example of Section 232 BNSS
Rajesh is accused of a serious offence that can only be tried by the Court of Session. He is brought before the Magistrate, who decides to send the case to the Court of Session. The Magistrate sends all the case records and evidence to the Court of Session, and Rajesh is kept in custody until the case is sent. The victim, Priya, also makes an application to the Magistrate, which is forwarded to the Court of Session with the committal of the case.
Frequently Asked Questions about Section 232 BNSS
Q: What is the punishment or consequence under Section 232 of BNSS?
The punishment or consequence under Section 232 of BNSS is that the accused will be tried by the Court of Session, which has the power to impose harsher sentences. The specific punishment will depend on the offence and the sentence imposed by the Court of Session.
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 commitment of cases to the Court of Session, which can try cases against anyone, regardless of their status.
Q: Is an offence under this section bailable or cognizable?
An offence under this section is not necessarily bailable or cognizable. The bailability and cognizability of an offence depend on the specific offence and the law that applies to it.
Common Questions about Section 232 BNSS
What is Section 232 of BNSS?
Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Commitment of case to Court of Session when offence is triable exclusively by it". In plain terms: When a case is brought to a Magistrate and it's clear that the offence can only be tried by the Court of Session, the Magistrate must send the case to the Court of Session. The accused will be kept in custody until the case is sent. The Magistrate must also send all the case records and evidence to the Court of Session. This process must be completed within 90 days, but can be extended for up to 180 days if necessary.
What is the punishment under Section 232 of BNSS?
Section 232 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 232 of BNSS bailable or non-bailable?
Whether Section 232 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 232 of BNSS?
The essential elements of Section 232 of BNSS are: The offence must be triable exclusively by the Court of Session.; The accused must appear or be brought before the Magistrate.; The Magistrate must comply with the provisions of sections 230 or 231..
Landmark Judgments under Section 232 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 232
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