What is Section 319 CrPC?

Section 319 CrPC: Summoning Power Should Be Exercised Only When Strong And Cogent Evidence Occurs Against A Person: Supreme Court. The Supreme Court observed that the power under Section 319 of the Criminal Procedure Code should be exercised only when strong and cogent evidence occurs against a person from the evidence …

Can Court of Session take cognizance without commitment?

Section 5 (1) of the Act expressly provides that a Special Court may take cognizance of offences without the accused being committed to his Court for trial, and in trying accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1898, for the trial of warrant cases by Magistrates.

What is case committal CrPC?

After this, the CrPC provides for committal of case via Section-209 which reads as “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.

Can the Court of Session take the cognizance of a case exclusively triable by it?

It is a well-settled principle of criminal law that cognizance is taken of the offence and not of the offender. The Dharam Pal decision states that cognizance of a sessions triable offence can no longer be taken by magistrates but must be taken by Sessions Judge after committal.

Can accused file application under section 319 CrPC?

Section 319 CrPC allows the court to proceed against any person who is not an accused in a case before it; if the Magistrate/court is convinced even on the basis of evidence appearing in examination-in-chief, it can exercise the power under Section 319 CrPC and can proceed against such other person(s);

What CrPC 309?

Section 309 in The Code Of Criminal Procedure, 1973. 309. Power to postpone or adjourn proceedings. – The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.

When a Magistrate can take cognizance?

It has been ruled that the magistrate can take cognizance of an offense if he is satisfied about the material. According to S. 190(1)(c) the magistrate can take cognizance of any offense upon the information received from any person other than a police officer or upon his knowledge.

What is meant by taking cognizance of an offence by a Magistrate?

Cognizance: Meaning and Concept Literally it means ‘to become aware of’, but when used with reference to a Court or a Magistrate, it means to take ‘judicial notice of an offence’.

What is Section 313 CrPC?

Accused is examined in every enquiry or trial by enabling him to explain personally to circumstances appearing in evidence against him. Section 313 of Criminal Procedure Code, 1973 envisages power of the trial court to examine the accused to explain evidence adduced against him.

What is Section 226 CrPC?

226. Opening case for prosecution. When the accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

Which of the following sentence may be passed by a Magistrate of second class?

(3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both.

How is a case committed to Court of Session when an offence is triable exclusively by the Court of Sessions?

Under Section 209 Cr. P.C., the duty of the Magistrate is to commit the case to the Court of Session, when it appears to him that the offence involved is exclusively triable by a Court of Session.