COMPETENCY TO TRY CASE, COMMITTAL OF THE CASE, SUBMISSION OF THE CASE: -

INTRODUCTION: -

The competency to try a case refers to the legal authority and qualification of a court to hear and decide a particular case. Under the Indian legal system, this concept is critical to ensure that justice is administered effectively and efficiently. The determination of competency involves several factors, including jurisdiction, the nature of the case, and procedural requirements. The competency to try a case is a foundational aspect of the judicial system under Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS). It ensures that cases are heard by appropriate courts with the necessary jurisdiction and qualifications. By adhering to these principles, the legal system upholds the rule of law and ensures the fair administration of justice. If the cognizance is taken by Judicial Magistrate First Class, but the competency to try the case is not under the schedule then case is committal and submit by the magistrate to another court.

COMPETENCY TO TRY CASE:(Under Section – 21 of BNSS): -

Section - 21. Courts by which offences are triable: -

 (a) any offence under the Bhartiya Nyaya Sanhita, 2023 may be tried by—

(i) the High Court; or

(ii) the Court of Session; or

(iii) any other Court by which such offence is shown in the First Schedule to be triable;,

Provided that any offence under section 63, section 64, section 68, section 70 or section 71 of the Bhartiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman.

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by—

(i) the High Court; or

(ii) any other Court by which such offence is shown in the First Schedule to be triable

DICTATION: -

With respect to the offences of BNSS, the High Court and Court of Session also have concurrent jurisdiction to try the offence along with the court mentioned in the first schedule.

The general rule is that, the cognizance to be taken by judicial magistrate and if it is triable by the magistrate, then he shall conduct the trail himself.

Therefore, generally a situation of these case which are triable by magistrate going in original jurisdiction to the Court of Session and the High Court will not arise. However, there are provisions under which the above can happen under section – 362 BNSS. A committal can be made by the judicial magistrate to the Court of Session.

COMMITTAL THE CASE: (under section – 232, 362 of BNSS): -

Section – 232. Commitment 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 accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case.

DICTATION: -

Section – 232 of BNSS, gives the power as well as the procedure of committal to the Court of Session by a magistrate. Whenever, after cognizance the magistrate finds that the offence is triable as per the schedule by of court of session. Then it will be said to be exclusively triable by court of session and in such cases since the magistrate is incompetent to try it. He has the duty to commit to the court of session.

Such committal can be done under section – 232 of BNSS and the procedure provided under section – 233 has to be followed.

Section – 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.

If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XIX shall apply to the commitment so made

GROUNDS FOR COMMITTAL: -

1.    Initial it was found that, the offence is not triable by court of session but in the course of proceedings it is revealed to the magistrate, that some other offence has also been committed which is ought to be tried by court of session.

2.    It can be committed even on the ground of the gravity or severity of the offence or the ground of public interest involve.

3.    It cannot be committed on the mere wish or agreement of the parties. The party concerned can always make on application for committal but the final discretion only lies in the magistrate.

DICTATION: -

Under section – 362 of BNSS, if magistrate find after the cognizance that the case is triable by him, then the magistrate will frame the charge and will conduct the trial. But after recording some evidence, if due to one of the reasons explained above the magistrate is satisfied that the case is ought to be triable by court of session, then the magistrate shall commit the case to the court of session.

Here the power to commit falls under section - 362 and the procedure and committal derived the section – 233 of BNSS.

SUBMISSION OF THE CASE: (under section – 364 of BNSS): -

Section – 364. Procedure when Magistrate cannot pass sentence sufficiently severe: -

(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 125, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate.

(2) When more accused person than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate.

(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law

CONCLUSION: -

The competency to try the case initially involves the Judicial Magistrate First Class taking cognizance. However, if the offence is not triable by this court according to the schedule, the case is committed to another court. The other court conduct a fair trial under Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) and gives a decision for the parties who is aggrieved by the offence.

This note is written by Akansha Koshta.