Section 213 BNSS: Cognizance of Offences by Court of Session

Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the general rule that a Court of Session cannot take cognizance of an offence as a court of original jurisdiction unless the case has first been committed to it by a Magistrate under the BNSS, except where the BNSS or another law expressly provides otherwise.

Text of Section 213 BNSS

Meaning and scope of Section 213

Section 213 creates a procedural gateway for cases that are to be dealt with by a Court of Session as a court of original criminal jurisdiction. Ordinarily, the Sessions Court does not directly assume original jurisdiction over an offence merely because the offence is triable by a Court of Session. The case must first reach the Sessions Court through a lawful order of committal by a Magistrate under the BNSS.

The opening words, "Except as otherwise expressly provided", are important. They preserve statutory exceptions. Therefore, where the BNSS itself or another law specifically authorizes a Court of Session to take cognizance directly, Section 213 does not prevent the exercise of that special power.

What does "cognizance" mean?

In criminal procedure, cognizance generally refers to the judicial act of taking notice of an alleged offence for the purpose of proceeding in accordance with law. Section 213 regulates the stage at which a Court of Session may exercise that original jurisdiction.

What is a Court of Session?

A Court of Session is the principal criminal court at the sessions division level constituted under the BNSS. It is presided over by a Sessions Judge, with Additional Sessions Judges exercising powers as provided by law and by allocation of judicial business.

Meaning of "Court of original jurisdiction"

A court acts as a court of original jurisdiction when it deals with a criminal case at the first trial level, rather than while exercising appellate or revisional jurisdiction. Section 213 addresses the Sessions Court when it is acting in this original capacity.

Meaning of committal

Committal is the procedural act by which a Magistrate sends a case to the Court of Session where the case is required by law to be tried there. Under the BNSS, the detailed procedure for commitment of cases triable exclusively by the Court of Session is principally dealt with in Section 232 BNSS.

Essential rule under Section 213

• A Court of Session ordinarily cannot take original cognizance directly.
• The case must ordinarily be committed to it by a Magistrate under the BNSS.
• The restriction applies when the Sessions Court is acting as a court of original jurisdiction.
• An express provision in the BNSS can create an exception.
• An express provision in another law for the time being in force can also create an exception.

Section 213 and Section 232 BNSS

Section 213 states the general jurisdictional rule, while Section 232 provides the procedural mechanism for commitment where it appears to the Magistrate that an offence is triable exclusively by the Court of Session. The two provisions therefore operate together: Section 213 establishes the requirement of committal, and Section 232 deals with how such commitment is made in the cases covered by that provision.

Section 213 and Section 214 BNSS

After a case reaches the Court of Session, the allocation of the case to an Additional Sessions Judge is addressed by Section 214 BNSS. Thus, Section 213 concerns the Sessions Court taking cognizance after committal, while Section 214 concerns the trial of cases made over to an Additional Sessions Judge.

Comparison with the earlier CrPC provision

Section 213 BNSS substantially corresponds to Section 193 of the Code of Criminal Procedure, 1973, which also placed a general restriction on a Court of Session taking cognizance as a court of original jurisdiction unless the case had been committed by a Magistrate, subject to express statutory exceptions.

Practical effect of Section 213

The provision maintains the statutory division of functions between the Magistracy and the Court of Session. In the ordinary course, the Magistrate performs the committal function before the Sessions Court proceeds with a case requiring trial at that level. At the same time, the provision is expressly subject to special laws or other BNSS provisions that permit direct cognizance by the Court of Session.

Related BNSS provisions

For a fuller understanding of the procedure, Section 213 may be read with Section 212 - Making over of cases to Magistrates, Section 214 - Additional Sessions Judges to try cases made over to them, and Section 232 concerning commitment of cases to the Court of Session where the offence is triable exclusively by that Court.

Official legal sources

For the authoritative statutory text and Government material, refer to India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.

This page provides general legal information. In an individual matter, applicable special statutes, current judicial decisions, local jurisdictional orders and case-specific facts should also be examined.