Bharatiya Nagarik Suraksha Sanhita, 2023

Section 232 BNSS - Commitment of Case to Court of Session When Offence Is Triable Exclusively by It

Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the committal of a case by a Magistrate to the Court of Session where the offence appears to be triable exclusively by the Court of Session. The provision applies whether the case was instituted on a police report or otherwise.

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 232 BNSS

Meaning of Section 232 BNSS

Section 232 sets out the procedural bridge between proceedings before the Magistrate and trial before the Court of Session. Once the accused appears or is brought before the Magistrate and the Magistrate concludes that the offence is triable exclusively by the Court of Session, the Magistrate must commit the case after completing the disclosure requirements prescribed by Section 230 or Section 231, as applicable.

When Does Section 232 Apply?

Compliance With Sections 230 and 231 Before Commitment

Section 232 expressly requires compliance with Section 230 BNSS or Section 231 BNSS before the case is committed.

Section 230 applies to proceedings instituted on a police report and deals with free supply of the police report, FIR, witness statements, confessions and other specified material. Section 231 applies to cases instituted otherwise than on a police report that appear to be exclusively triable by the Court of Session, and requires supply of the statements and documents specified there.

Custody and Bail Under Section 232

Clause (a) permits remand of the accused to custody until commitment, while clause (b) deals with remand during and until the conclusion of the trial. Both clauses are expressly made subject to the provisions of the BNSS relating to bail.

Section 232 therefore does not create an independent rule overriding bail provisions. Questions of custody and release continue to be governed by the applicable bail provisions of the Sanhita and orders of the competent Court.

Record, Documents and Articles to Be Sent to Sessions Court

On commitment, the Magistrate must send the record of the case together with documents and articles, if any, which are to be produced in evidence. This ensures that the Sessions Court receives the material required to take up the case after committal.

Notice to the Public Prosecutor

Clause (d) requires the Magistrate to notify the Public Prosecutor that the case has been committed to the Court of Session. This formal notice enables the prosecution to proceed before the Sessions Court.

90-Day Period and Extension up to 180 Days

The first proviso states that proceedings under Section 232 must be completed within ninety days from the date of taking cognizance. The Magistrate may extend the period for a period not exceeding one hundred and eighty days, but reasons for the extension must be recorded in writing.

The statutory requirement to record reasons is significant because the extension is not automatic. The judicial record should disclose the basis on which additional time was allowed.

Applications Filed Before the Magistrate

The second proviso requires any application filed before the Magistrate by the accused, the victim, or any person authorised by such person in a case triable by the Court of Session to be forwarded to the Sessions Court together with the committal.

This preserves applications already placed before the Magistrate so that they accompany the case to the Court which will conduct the trial.

Relationship With Section 233 BNSS

Section 233 BNSS deals with the special situation where a complaint case is pending before a Magistrate and a police investigation is also in progress in respect of the same offence. It follows Section 232 in the statutory scheme and addresses coordination between the complaint proceeding and police investigation.

Corresponding Provision Under the CrPC

Section 232 BNSS broadly corresponds to Section 209 of the Code of Criminal Procedure, 1973, which governed commitment of cases to the Court of Session where the offence was triable exclusively by it. The BNSS provision adds an express time framework for completing committal proceedings and expressly requires forwarding specified applications with the committal.

Key Points Under Section 232

• The section applies to police-report cases and cases instituted otherwise.
• The accused must appear or be brought before the Magistrate.
• The offence must appear to be triable exclusively by the Court of Session.
• Compliance with Section 230 or Section 231 is required before commitment.
• Custody orders remain subject to the BNSS provisions relating to bail.
• The record, documents and evidentiary articles must be sent to the Sessions Court.
• The Public Prosecutor must be notified of the commitment.
• Proceedings should be completed within ninety days from cognizance.
• The Magistrate may extend the period up to the statutory limit stated in the proviso, with reasons recorded in writing.
• Applications filed by the accused, victim or authorised person must accompany the committal.