Section 213 BNSS: Cognizance of offences by Court of Session
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 213 BNSS at a Glance
Section 213 BNSS deals with cognizance of offences by Court of Session. It replaced Section 193 CrPC on 1 July 2024.
Section 213 BNSS Bare Act Text
213. Cognizance of offences by Courts of Session
Cognizance of offences by Court of Session.
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.
Source: Section 213, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 213 BNSS in Simple Words
Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that 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 the Sanhita. The rule starts with an exception for what the Sanhita or any other law for the time being in force expressly provides.
When Section 213 BNSS Applies
- The rule is addressed to a Court of Session taking cognizance of an offence as a Court of original jurisdiction.
- The condition is that the case has been committed to the Court of Session by a Magistrate under the Sanhita.
- The rule gives way where the Sanhita or any other law for the time being in force expressly provides otherwise.
Example of Section 213 BNSS
When Section 213 BNSS Does Not Apply
- Section 213 BNSS speaks of a Court of Session taking cognizance of an offence. It does not deal with a Magistrate taking cognizance of an offence.
- Section 213 BNSS speaks of a case that has been committed by a Magistrate. It does not deal with the steps a Magistrate follows to commit a case.
Section 213 BNSS in the CrPC (Previous Law)
Section 213 BNSS replaces Section 193 CrPC from the old criminal code.
Section 193 CrPC is found in Section 213 BNSS from 1 July 2024. The text is the same except that the heading reads Court of Session where the CrPC heading read Courts of Session, and this Sanhita stands in place of this Code in the opening exception and in the committal condition.
View CrPC Section 193 →FAQs on Section 213 BNSS
Can a Court of Session take cognizance of an offence directly under Section 213 BNSS?▼
Section 213 BNSS says that 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 the Sanhita. The rule is subject to what the Sanhita or any other law for the time being in force expressly provides.
What is the exception in Section 213 BNSS?▼
Section 213 BNSS opens with the words Except as otherwise expressly provided by this Sanhita or by any other law for the time being in force. The exception is therefore whatever the Sanhita or another law for the time being in force expressly provides.
Which Court of Session is addressed by Section 213 BNSS?▼
Section 213 BNSS addresses a Court of Session taking cognizance of an offence as a Court of original jurisdiction. The condition it states is that a Magistrate has committed the case to the Court of Session under the Sanhita.
What changed from Section 193 CrPC to Section 213 BNSS from 1 July 2024?▼
Section 213 BNSS has the same text as Section 193 CrPC, with this Sanhita in place of this Code in the opening exception and in the committal condition. The heading reads Court of Session where the CrPC heading read Courts of Session.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·