209. Commitment of case to Court of Session when offence is triable exclusively by it.
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 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;
(b) subject to the provisions of this Code 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.
STATE AMENDMENTS
Gujarat:
In section 209 for clause (a), the following clause shall be substituted, namely:—
“(a) Commit the case, after complying with the provisions of section 207 or section 208, as the case may be, to the Court of Session and, subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made”
[Vide President’s Act 30 of 1976, sec 2 (wef 7-7-1976)]
Uttar Pradesh:
In section 209 for clauses (a) and (b), the following clauses shall be substituted and be deemed always to have been substituted, namely:—
“(a) as soon as may be after complying with the provisions of section 207, commit the case to Court of Session;
(b) subject to the provisions of the Code relating to bail, remand the accused to the custody until commitment of the case under clause (a) and thereafter during and until the conclusion of the trial”
[Vide UP Act 16 of 1976, sec 6]
Comments:
(i) It is well settled that the Magistrate is forbidden to apply his mind to the merit of the matter and determine as to whether any accused need be added or subtracted to face trial before the Court of session;
Bhola Rai v State of Bihar, (1997)
(ii) The Magistrate has no option but to commit the case to the Court of Session only in respect of those persons who have been chargesheeted;
Bhola Rai v State of Bihar, (1997)
(iii) When the offence made out under section 376 triable by Session Court discharge of accused under section 209 Cr P illegal;
Kavita (Smt) v State, 2000
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