Section 323 CrPC: Magistrate Committing Case After Inquiry or Trial
This section outlines the procedure for a Magistrate to commit a case to a higher court after conducting an inquiry or trial.
1. State the Code
Section 323 of the Code of Criminal Procedure (CrPC), 1973
2. Explanation
When a Magistrate, after conducting an inquiry or trial, believes that the accused has committed an offense that is triable exclusively by the Court of Session, they must commit the case to that court. This section applies to cases where the Magistrate lacks the jurisdiction to try the case themselves, usually due to the seriousness of the offense.
The Magistrate will forward the case record, including evidence and statements, to the Court of Session. The Court of Session will then proceed with a fresh trial of the case.
3. Illustration
Imagine a case involving murder, which is an offense triable only by the Court of Session. A Magistrate conducts an inquiry and finds sufficient evidence to suggest the accused committed the crime. The Magistrate, being unable to try the murder case themselves, will commit the case to the Court of Session.
4. Common Questions and Answers
Q. What happens if the Magistrate believes the accused did not commit the offense?
In this case, the Magistrate would discharge the accused. The case would not be committed to the Court of Session.
Q. Can the Magistrate directly try a case triable only by the Court of Session?
No. The Magistrate only has the authority to conduct an inquiry or trial for offenses within their jurisdiction. They cannot try cases exclusively triable by the Court of Session.
Q. What happens after the case is committed to the Court of Session?
The Court of Session will conduct a new trial based on the evidence provided by the Magistrate. The accused will have the opportunity to defend themselves and present their own evidence.
