Introduction to Section 232 BNSS
Section 232 BNSS is a comprehensive legal reform that replaces the old Criminal Procedure Code (CrPC). It aims to modernize the criminal justice process in India, ensuring quicker trials, greater accountability, and better rights for victims and accused persons. BNSS simplifies procedural laws and ensures time-bound justice delivery.
What is BNSS Section 232 ?
Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 deals with the commitment of cases to the Court of Session when the offence is of such gravity that only the Sessions Court has the authority to try it. It lays down the procedure for a Magistrate to follow when a case, either initiated through a police report or otherwise, must be referred to a higher court.
BNSS Section of 232 in Simple Points
1. What Section 232 is About
BNSS Section 232 deals with the procedure when a case involves an offence that is so serious, it can only be tried by a Sessions Court. If the Magistrate finds that the crime is exclusively triable by a Court of Session, he must send (or “commit”) the case to that court. This helps ensure that serious crimes are handled by courts with the authority to give stronger punishments.
2. Accused Must Be Present
The process starts when the accused is brought before the Magistrate or appears in court. Only after the Magistrate sees that the accused is present and the offence is serious enough, can the case be committed to the Sessions Court. This ensures fair and legal handling, with the accused involved from the beginning.
3. Necessary Documents and Records Are Sent
Once the Magistrate decides to commit the case, all the case documents like FIR, witness statements, evidence, and other relevant materials are sent to the Sessions Court. This ensures the higher court has complete information to begin the trial without delays.
4. Public Prosecutor is Informed
The law requires that the Magistrate informs the Public Prosecutor when the case is being sent to the Sessions Court. This helps the prosecution team prepare for the trial and ensures smooth coordination between the lower and higher courts.
5. Time Limit for Committing the Case
Section 232 makes it mandatory for the Magistrate to commit the case within 90 days from the date of taking cognizance. If needed, this period can be extended by another 180 days, but the Magistrate must give valid written reasons. This provision is meant to avoid unnecessary delays in serious criminal trials.
Section 232 of BNSS Overview
BNSS Section 232 mandates that if a Magistrate finds an offence to be triable exclusively by a Court of Session, the case must be committed to it. The Magistrate must follow procedural requirements and transfer all relevant records and evidence to the Sessions Court. This section ensures that serious cases reach the appropriate judicial authority promptly and within a specified time limit.
10 Key Points of BNSS Section 232
1. Exclusive Jurisdiction of Sessions Court
Section 232 applies only to those cases which are exclusively triable by a Sessions Court. This means that the Magistrate does not have the legal power to try such cases. These typically involve serious offences like murder, rape, or dacoity. Once such a determination is made, the Magistrate must transfer the case to the higher court to ensure proper jurisdiction.
2. Appearance or Production of Accused
The process under Section 232 begins when the accused appears voluntarily or is brought before the Magistrate. Whether the case is initiated by police or otherwise, the presence of the accused is necessary for the Magistrate to examine the nature of the offence and decide on its triability. This ensures that the accused is informed and present in the due process.
3. Compliance with Section 230 or 231
Before committing the case, the Magistrate must comply with Section 230 or 231 of the BNSS. These sections generally relate to supply of documents and hearing of both sides. This ensures that the accused has received all necessary materials and that the prosecution and defense are heard before the case is shifted to the Court of Session.
4. Custody of the Accused
While committing the case to the Sessions Court, the Magistrate is empowered to remand the accused to custody. This remand applies before commitment as well as during the trial process. However, this remand is subject to the provisions of bail under BNSS, balancing the liberty of the accused with the seriousness of the charge.
5. Forwarding of Case Record
The Magistrate is duty-bound to send all records, documents, and articles to the Court of Session. These include charge sheets, witness statements, physical evidence, and any other relevant material. This ensures that the Sessions Court has full access to the case file and can begin the trial without procedural delays.
6. Intimation to Public Prosecutor
Another essential requirement is that the Magistrate must notify the Public Prosecutor of the commitment of the case. This enables the prosecution to prepare adequately for the trial at the Sessions Court. Early notice ensures better coordination and helps in avoiding unnecessary adjournments.
7. Time-bound Commitment
BNSS 232 strictly provides a 90-day limit from the date of cognizance to complete the commitment process. This time-bound approach ensures speedier movement of serious cases to the appropriate court. Delays can only be allowed up to an additional 180 days, and even that requires proper justification in writing by the Magistrate.
8. Transfer of Applications to Sessions Court
If the accused, victim, or an authorised person has filed any application before the Magistrate, it must also be forwarded to the Sessions Court. This provision protects the procedural rights of all parties involved, making sure that no request or submission is overlooked during the case transfer.
9. Legal Clarity and Procedural Uniformity
This section brings uniformity in handling serious offences across jurisdictions. It sets a standard procedure that every Magistrate must follow, thus avoiding confusion and legal loopholes. The detailed steps prescribed reduce arbitrariness and promote fairness in the pre-trial phase.
10. Enhancing Judicial Efficiency
By mandating timely transfer of cases and involvement of the Public Prosecutor, BNSS Section 232 enhances the overall efficiency of the criminal justice system. It prevents the bottlenecking of serious cases at the Magistrate level and ensures they are handled by a competent authority in a structured manner.
Example 1: Murder Case
A person is accused of committing murder. Murder is a serious offence that can only be tried by a Sessions Court. The Magistrate, after going through the police report and other documents, sees that the case falls under the Sessions Court’s jurisdiction. So, he follows Section 232, commits the case, sends all the documents to the Sessions Court, and informs the Public Prosecutor.
Example 2: Gang Rape Case
In a gang rape case, the police arrest multiple accused and file a charge sheet. The Magistrate takes cognizance and calls the accused to court. Since the offence is grave and triable only by the Sessions Court, the Magistrate commits the case under Section 232. He also forwards a bail application filed by the victim’s lawyer to the Sessions Court for further action.
Section 232 of BNSS Short Information
| NO | BNSS 232 | Answer (BNSS 232 Based) |
|---|---|---|
| 1 | What is BNSS 232 about? | It explains how cases are sent to Sessions Court for serious offences. |
| 2 | Who sends the case to Sessions Court? | The Magistrate sends the case after checking offence type. |
| 3 | What is the time limit in BNSS 232? | 90 days, extendable up to 180 days with reasons. |
| 4 | What is sent to the Sessions Court? | All records, documents, and evidence. |
| 5 | Who is informed during the process? | The Public Prosecutor is notified by the Magistrate. |
Why BNSS Section 232 is Needed ?
BNSS Section 232 is important because it ensures that serious and complex criminal cases are sent to the correct court without delay. Not all courts have the power to try major crimes. Without a clear process, there could be confusion, legal errors, or delays in justice. This section sets a strict time limit, involves both the accused and the prosecutor, and ensures that all necessary documents reach the right court. Overall, it strengthens the legal process and helps speed up the justice system, especially in cases that involve serious harm to people or society.
BNSS Section 232 FAQs
BNSS 232
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