BNSS Section 213 Explained: The Gateway to a Sessions Trial

 


Introduction: Why Can't a Sessions Court Just Start a Trial?

A common question among law students and even laypersons is this: If a serious crime like murder occurs, why can’t the highest district-level criminal court—the Court of Session—take up the case immediately?

The answer lies in Section 213 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the old Code of Criminal Procedure (CrPC). This section creates a vital procedural checkpoint that ensures no Sessions Court can directly begin trying an offence unless a Magistrate first reviews and transfers it.

In simple terms, Section 213 BNSS defines how a case moves from the Magistrate’s court to the Sessions Court. It represents one of the most important procedural safeguards in Indian criminal law. This article explains the meaning, scope, and importance of Section 213, how it compares with the old CrPC provision, and why it remains central to the functioning of criminal courts.

The Core Provision: What is Section 213 of the BNSS?

Text of Section 213 BNSS:

“Except as otherwise expressly provided by this Sanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Sanhita.”

In plain English, this means that a Sessions Court cannot start legal proceedings directly. It can only begin a trial once a Magistrate examines the case, confirms it is fit for a Sessions trial, and formally commits it to that court.

This rule ensures that every case reaching the Sessions Court has already passed a legal and procedural filter.

Decoding the Legal Language: Key Concepts in Section 213

What Does “Take Cognizance” Mean?

In criminal law, “taking cognizance” means the point when a court becomes aware of an offence and decides to act upon it. It is a judicial act where the court applies its mind to the facts and initiates proceedings. Under BNSS Section 213, the Sessions Court cannot take such cognizance directly; it can only do so once the case is properly committed by a Magistrate.

What is a “Court of Original Jurisdiction”?

A Court of Original Jurisdiction is the first court where a case is filed and tried. Section 213 makes it clear that the Sessions Court is not a court of original jurisdiction for most offences. Instead, the Magistrate’s court performs this role by first receiving the case, reviewing the evidence, and then transferring it to the Sessions Court when necessary.

The “Committal” Process: The Only Legal Gateway

The phrase “committed to it by a Magistrate” refers to the formal process of transferring a case from a Magistrate’s court to the Sessions Court. This process ensures that the Magistrate has verified essential documents, such as the police report and the list of witnesses, before sending the case onward.

Under the BNSS, Section 232 (which corresponds to Section 209 of the CrPC) lays down the detailed procedure for such committal. The Magistrate, after receiving the charge sheet for an offence triable exclusively by a Court of Session, must commit the case to that court for trial.

The General Rule: Why the Magistrate “Filter” is Necessary

The requirement that a Magistrate must commit a case to the Sessions Court before trial serves several vital purposes:

1. Scrutiny and Preparation

Before a Sessions trial begins, the Magistrate ensures that all preliminary steps are complete. This includes compliance with Section 230 BNSS, which requires the prosecution to supply relevant documents and reports to the accused. It ensures that the accused knows the case they must meet, upholding the principles of natural justice.

2. Efficient Use of Judicial Resources

Sessions Courts are designed to handle serious offences such as murder, rape, and other grave crimes. The committal process helps prevent them from being burdened with the preliminary or procedural aspects of minor cases. The Magistrate’s court functions as a filter, forwarding only cases that require the Sessions Court’s expertise.

3. Preventing Frivolous or Baseless Litigation

The committal stage also acts as a safeguard against frivolous prosecutions. The Magistrate examines whether there is a prima facie case before committing it for trial, ensuring that the Sessions Court’s time is spent only on legitimate cases.

The Exceptions: When Can a Sessions Court Take Direct Cognizance?

Section 213 begins with an important clause—“Except as otherwise expressly provided by this Sanhita or by any other law for the time being in force.” This means that, although the general rule requires committal, there are exceptions.

1. Provisions within the BNSS Itself

While the BNSS largely follows the CrPC framework, it allows the legislature to create specific provisions within the Sanhita where direct cognizance by the Sessions Court may be permitted. Such instances are rare, and the general rule of committal continues to dominate.

2. Powers Under “Any Other Law” (Special Acts)

The most common exception arises under special statutes that override the general procedural law of the BNSS. Many of these Acts explicitly empower a Sessions Court (often termed a “Special Court”) to take direct cognizance of offences without the need for a Magistrate’s committal.

Examples include:

  • The Protection of Children from Sexual Offences (POCSO) Act, 2012: Under Section 33, the Special Court (a Sessions Court) can take direct cognizance of offences.

  • The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985: Special Courts under Section 36A can directly take cognizance.

  • The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Section 14 empowers the Special Court to take direct cognizance.

In these cases, the legislative intent is to speed up the trial process and bypass the committal stage, given the seriousness and sensitivity of such offences.

BNSS Section 213 vs CrPC Section 193: Is Anything New?

A key question is whether Section 213 BNSS introduces any new procedural change compared to Section 193 of the CrPC, 1973. The answer is: No significant change.

Both sections are practically identical in text and intent. They serve the same purpose—to prevent Sessions Courts from taking direct cognizance unless a Magistrate commits the case.

Thus, BNSS Section 213 is a continuity provision, ensuring consistency in criminal procedure while updating the numbering and structure under the new Sanhita. This continuity is crucial for smooth judicial transition and avoids confusion among legal practitioners and law students.

The Legal Logic Behind Section 213 BNSS

The structure of criminal courts in India is hierarchical for a reason. The Magistrate’s court acts as the foundation, handling the initial inquiry and ensuring that the case file is complete. The Sessions Court, on the other hand, is designed for detailed trials in serious offences.

Section 213 preserves this structure, ensuring:

  • Procedural discipline by requiring preliminary verification.

  • Judicial hierarchy by keeping the Sessions Court focused on trials rather than procedural scrutiny.

  • Fair trial standards by guaranteeing that the accused receives all materials before the case proceeds to a higher forum.

In effect, Section 213 is not a mere procedural formality—it is a cornerstone of fair trial principles under Indian criminal law.

Conclusion: The Unchanged Pillar of Criminal Procedure

BNSS Section 213 reaffirms a well-established rule that a Sessions Court cannot take direct cognizance of an offence unless a Magistrate commits it for trial. Though introduced under the new Bharatiya Nagarik Suraksha Sanhita, this section mirrors Section 193 of the CrPC and carries forward its essential purpose unchanged.

By mandating committal, the law preserves the logical sequence of criminal proceedings. It ensures proper preparation, avoids misuse of judicial time, and safeguards the rights of both the accused and the prosecution. Section 213 thus continues to serve as a vital procedural gateway—maintaining fairness, hierarchy, and order in the Indian criminal justice system.

also read: BNSS Section 209

Frequently Asked Questions (FAQs)

Q1: Can a Sessions Court take direct cognizance of an offence under BNSS Section 213?
No. The general rule under Section 213 BNSS is that the Sessions Court cannot take direct cognizance. It must receive the case through committal by a Magistrate.

Q2: Can I file a private complaint for a serious offence directly in the Sessions Court?
No. A private complaint, even for serious offences, must be filed before a Magistrate. Only after the Magistrate commits the case can the Sessions Court proceed with the trial.

Q3: Does Section 213 apply to offences under the POCSO Act or NDPS Act?
No. These are special laws that grant the Special Court (which functions as a Sessions Court) the power to take direct cognizance, bypassing the committal stage.

Q4: What is the benefit of the committal process?
It ensures that all procedural requirements are fulfilled, prevents unnecessary trials, and guarantees a fair hearing for the accused.

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