Legal Provisions of Section 323 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed:
This section confers power on a Magistrate to commit a case to the Court of Session at any stage of trial before signing the judgment if it appears to him that the case is one which ought to be tried by the Court of Session.
ADVERTISEMENTS:
The section does not permit the committal by a Magistrate after he has signed the judgment because of the bar on re-trial of the accused not only for the same offence but also for any other offence based on the same facts, under Section 300 of the Code.
Where a Magistrate who is competent to try an accused and to award full sentence, erroneously commits the case to the Court of Session for trial and the Sessions Court tries the same and convicts and sentences the accused, it was held that neither the committal nor the trial, will be void.
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Where the Magistrate is of the opinion that he is not competent to try the case and it should be committed to the Sessions Court, he should do so promptly and expeditiously without any delay. Thus, where a Magistrate did not commit the case to the Sessions Court for nine months though the case had been taken by him on several dates, it was held that the accused was entitled to be released on bail.
ADVERTISEMENTS:
For committing a case to the Sessions Court, the Magistrate has to bear in mind not only the fact that he could pass an adequate sentence but he has also to take into consideration the gravity of the offence and the public importance of the case.
Thus, where the editor of a widely circulated daily newspaper was charged of the offence of sedition, the High Court directed the Chief Presidency Magistrate to commit the case to the Court of Session for trial.