Section 209 Committal of Case to Sessions Court Under CRPC For Exam Purpose & Practice Aspect – With Judgment

Short Summary of CRPC For Exams & Practice Aspect for Lawyers & Dias tool of JMFC  

• • Section 209 :- Committal of case to sessions Court 
  • Section 209 Without obtaining the forensic report committal by Magistrate is mechanical and without applying mind
    • Chhotan Sao and Anr Vs. State of Bihar AIR 2014 SC 907
  • Supply Copies U/s 207 (Police Case) and 208 in Complaint case) to the accused.
  • When the accused is unrepresented, inform him his right to have a counsel at the expenses of Govt. and Mention it in committal order.
  • When the accused is in custody remand him to jail till the trial is over (Limit of 15 Days U/s 167 is not applicable here) Issue committal Warrant (Form III Chapter XXXIII Cri. Manual) Instead of earlier Remanded warrant. Advisable to mention date on Remand warrant for production of the accused before the sessions court to avoid languishing indefinitely.
  • When the accused is present on bail give him date to appear before the court of sessions.
  • Send the R&P and Property to Sessions Court.
• Notify the Committal to the PP (Use Form No. 31)
• Section 193 on Committal , Sessions Court gets jurisdiction to take cognizance against new accused on same material
  • Kishun Singh and Ors. Vs. State of Bihar (1993) 2 SCC 16