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A Magistrate commits a case to the Court of Session after the police charge three of four people named…

Section 213 permits the Sessions Court to exercise original cognizance jurisdiction after committal, subject to express statutory exceptions. The rule applied in Dharam Pal…

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A Magistrate commits a case to the Court of Session after the police charge three of four people named in the FIR. The police papers contain prima facie material showing the fourth person's involvement. What may the Court of Session do at cognizance under the Bharatiya Nagarik Suraksha Sanhita, 2023?

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Answer and explanation

Correct answer B

Section 213 permits the Sessions Court to exercise original cognizance jurisdiction after committal, subject to express statutory exceptions.

The rule applied in Dharam Pal permits the court to summon an omitted person at that stage if the police papers disclose prima facie involvement.

Section 358 concerns proceeding against an additional person on evidence in an inquiry or trial. It is not the only route after committal.

Option feedback

Option A

Section 358 is a later evidence-based route. It does not displace section 213 at cognizance.

Option B

After proper committal, the Sessions Court can summon the omitted person when the papers disclose prima facie involvement.

Option C

The case has already been committed. A fresh committal is not necessary for the court to exercise its power.

Option D

A supplementary police report is not a prerequisite when existing materials support summoning.

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