CrPC 209 vs BNSS 232: Commitment of case to Court of Session when offence is triable exclusively by it
Section 209 of the Code of Criminal Procedure is now section 232 of the Bharatiya Nagarik Suraksha Sanhita, in force from 1 July 2024. 69% of the old wording is kept; 72 words removed and 74 words added.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
CrPC section 209Commitment of case to Court of Session when offence is triable exclusively by it
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, he shall— (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: State Amendment Gujarat In section 209 of the Code of Criminal Procedure, 1973, in its application to the State of Gujarat, for clause a the following clause shall be substituted, namely:— “(a) Commit the case, after complying with the provisions of section 207 or section 208, as the case may be 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”. Vide Gujarat Act 30 of 1976, s. 2
BNSS section 232Commitment of case to Court of Session when offence is triable exclusively by it
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, he shall— (a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made; (b) subject to the provisions of this Sanhita 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: Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing: Provided further that any application filed before the Magistrate by the
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