Legal provisions regarding commitment of case to Court of Session when offence is triable exclusively by it under section 29 of the Code of Criminal Procedure, 1973.
According to Section 209 of the Code of Criminal Procedure, 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 according to Section 26 read with the First Schedule, he shall:
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ADVERTISEMENTS:
(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.
ADVERTISEMENTS:
According to Section 209 of the Code, once a charge-sheet in support of an offence triable exclusively by the Court of Sessions has been submitted by the police, the Magistrate shall not look into the merits thereof and his only business is to get the provisions of Section 207 complied with to commit the case to the Court of Sessions and he has no jurisdiction to examine the merits of the case and to discharge the accused.
He should not hold an inquiry and weigh the evidence and the probabilities of the case. He has to examine the police report and other documents and find out whether the facts stated in the report make out an offence triable exclusively by the Court of Session.