Section 193 CrPC - Cognizance of Offences by Courts of Session
Section 193 of the Code of Criminal Procedure, 1973 (CrPC) regulated when a Court of Session could take cognizance of an offence. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 213, effective from 1 July 2024.
Text of Section 193 CrPC, 1973
Except as otherwise expressly provided by this Code 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 Code.
Section 213 BNSS, 2023 - Present Corresponding Provision
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.
The two provisions establish the same general rule: ordinarily, a Sessions Court cannot directly take original cognizance of an offence without a Magistrate first committing the case. Both provisions expressly recognise exceptions created by the procedural statute or another law.
Meaning of Important Legal Terms
Cognizance of an offence
Cognizance refers to a criminal court applying its judicial mind to the alleged offence for the purpose of proceeding according to law. It is distinct from the subsequent framing of charges or deciding guilt.
Court of Session
A Court of Session is a criminal court constituted for a sessions division, with jurisdiction to try serious offences and other matters assigned to it by law. See Section 8 BNSS and the official BNSS text.
Court of original jurisdiction
This means a court exercising jurisdiction to deal with a criminal matter at its initial judicial stage, rather than hearing an appeal or revision.
Commitment of a case
Commitment is the statutory process by which a Magistrate sends a case to the Court of Session for trial. Section 232 BNSS deals with commitment when an offence is exclusively triable by the Court of Session; the earlier corresponding provision was Section 209 CrPC.
How a Case Reaches the Sessions Court
- Proceedings before a Magistrate: The case comes before the competent Magistrate on a police report or otherwise, in accordance with applicable procedure.
- Examination of triability: The Magistrate considers whether the alleged offence is exclusively triable by the Court of Session.
- Compliance and commitment: Where Section 232 BNSS applies, the Magistrate complies with the applicable document-supply requirements in Sections 230 or 231 and commits the case.
- Transmission: The case record and relevant documents or articles are sent to the Sessions Court, and the Public Prosecutor is notified as required.
- Sessions proceedings: After lawful commitment, the Sessions Court proceeds in accordance with the BNSS provisions governing sessions trials.
Section 232 BNSS also provides a time framework for commitment proceedings, subject to the statutory extension mechanism and reasons recorded in writing. The precise requirements depend on the facts and applicable law.
Exceptions to the Requirement of Commitment
The opening words of both Section 193 CrPC and Section 213 BNSS are important: except as otherwise expressly provided. Where the BNSS or another applicable statute expressly authorises a Sessions Court or designated Special Court to take cognizance directly, the ordinary committal requirement may not apply. Whether direct cognizance is permitted must be determined from the specific statute and the court's designated jurisdiction; it should not be assumed in every special-law prosecution.
Section 193 CrPC and Section 213 BNSS - Quick Reference
| Issue | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Sessions Court cognizance | Section 193 | Section 213 |
| General rule | Prior commitment by Magistrate | Prior commitment by Magistrate |
| Commitment of exclusively sessions-triable case | Section 209 | Section 232 |
| Express statutory exceptions | Recognised | Recognised |
| Transition or pending proceedings | Subject to applicable savings | Section 531 addresses repeal and savings |
Practical Legal Significance
The committal requirement determines the proper procedural route for initiating a sessions trial. If a Court of Session assumes original cognizance without a required commitment or applicable statutory exception, the procedural validity of that step may be questioned. The legal consequence depends on the governing enactment, the nature of the irregularity, and the facts of the proceeding.
Practitioners should verify the date and status of the proceedings, the applicable repeal-and-savings rules, whether the offence is exclusively triable by a Court of Session, and whether a special statute authorises direct cognizance.
Frequently Asked Questions
What is the BNSS equivalent of Section 193 CrPC?
Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can a Sessions Court directly take cognizance of an offence?
Ordinarily, no. A Magistrate must first commit the case, unless the BNSS or another applicable law expressly provides otherwise.
Which section governs commitment to the Sessions Court?
Section 232 BNSS governs commitment of cases exclusively triable by a Court of Session; its earlier counterpart was Section 209 CrPC.
Does Section 193 CrPC still matter after July 2024?
Yes. It may remain relevant to proceedings covered by the savings provision in Section 531 BNSS and to earlier judicial interpretation.
Official Statutory References
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- National Crime Records Bureau - BNSS chapters and provisions
- Ministry of Home Affairs - New Criminal Laws
- Bureau of Police Research and Development - Criminal Law Resources
Disclaimer: This article provides general legal information. Consult the current statutory text, relevant notifications and binding judicial decisions before relying on it in a particular case.