Sections 209 and 210 CrPC: Commitment to Court of Session and Parallel Complaint Police Cases

Sections 209 and 210 of the Code of Criminal Procedure, 1973 deal with two connected procedural situations before a Magistrate: commitment of an exclusively Sessions-triable case to the Court of Session, and coordination of a complaint case with a police investigation concerning the same offence.

Legal position covered by this article: This page explains the Code of Criminal Procedure, 1973 as applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The CrPC provisions may continue to be relevant to proceedings saved by the repeal and savings provisions applicable to the transition.

Section 209 CrPC - Commitment of Case to Court of Session

Meaning: Section 209 governs the Magistrate's duty when an accused appears or is brought before the Magistrate and the alleged offence is triable exclusively by the Court of Session. The Magistrate is required to complete the prescribed preliminary procedural steps and commit the case to the Sessions Court.

Before commitment, the Magistrate must comply, as applicable, with Sections 207 or 208 CrPC concerning supply of police reports, statements and other documents to the accused.

Essential requirements under Section 209

  1. The case may have been instituted on a police report or otherwise.
  2. The accused must appear or be brought before the Magistrate.
  3. It must appear to the Magistrate that the offence is triable exclusively by the Court of Session.
  4. After compliance with Section 207 or Section 208, as applicable, the Magistrate commits the case to the Court of Session.
  5. The provisions of the CrPC relating to bail continue to govern custody and remand.
  6. The record, documents and articles intended to be produced in evidence are sent to the Sessions Court.
  7. The Public Prosecutor is notified of the commitment.

Text and effect of Section 209

State amendments noted in the CrPC

The Central text of the Code records State amendments to Section 209, including amendments applicable in Gujarat and Uttar Pradesh. Their application depends on the territorial and legal context of the proceeding. The original page specifically reproduced the Gujarat amendment, under which clause (a) requires commitment after compliance with Section 207 or Section 208 and permits remand subject to the provisions relating to bail.

Section 209(a) was substituted by Act 45 of 1978, section 19, with effect from 18 December 1978.

Section 210 CrPC - Complaint Case and Police Investigation for the Same Offence

Meaning: Section 210 applies when a case has been instituted otherwise than on a police report, that is, a complaint case, and during the inquiry or trial the Magistrate is informed that a police investigation is also in progress in relation to the same offence.

Section 210(1): Stay of complaint proceedings

If it is made to appear to the Magistrate during the inquiry or trial of the complaint case that a police investigation is in progress in relation to the offence forming the subject matter of that case, the Magistrate must stay the inquiry or trial and call for a report from the police officer conducting the investigation.

Section 210(2): Police report and common accused

If the investigating officer submits a police report under Section 173 CrPC and the Magistrate takes cognizance on that report against a person who is also an accused in the complaint case, the Magistrate must inquire into or try the complaint case and the case arising from the police report together, treating both as if they had been instituted on a police report.

Section 210(3): When the stayed complaint case resumes

If the police report does not relate to an accused in the complaint case, or the Magistrate does not take cognizance of an offence on the police report, the Magistrate proceeds with the complaint inquiry or trial that had been stayed, in accordance with the CrPC.

Purpose of Sections 209 and 210 CrPC

Section 209 provides the procedural bridge between proceedings before a Magistrate and trial before the Court of Session where the offence is exclusively Sessions-triable. Section 210 addresses the risk of overlapping complaint and police cases concerning the same offence by requiring coordination of the proceedings in the circumstances specified by the section.

Related CrPC Provisions

For the procedural sequence immediately preceding Sections 209 and 210, see Sections 204, 205 and 206 CrPC on issue of process, dispensing with personal attendance and special summons, and Sections 207 and 208 CrPC on supply of documents to the accused.