Section 232 BNSS: Commitment of case to Court of Session when offence is triable exclusively by it

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 232 BNSS at a Glance

Section 232 BNSS deals with commitment of case to Court of Session when offence is triable exclusively by it. It replaced Section 209 CrPC on 1 July 2024.

Was CrPC

Section 209 →

Section 232 BNSS Bare Act Text

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.

Source: Section 232, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 232 BNSS in Simple Words

Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to a case instituted on a police report or otherwise. It applies once the accused appears or is brought before the Magistrate. It also requires that the offence appears to the Magistrate to be triable exclusively by the Court of Session. In that situation the Magistrate shall commit the case to the Court of Session. The commitment can be made only after complying with section 230 or section 231 of the Sanhita.

Subject to the provisions of the Sanhita relating to bail, the Magistrate shall remand the accused to custody until the commitment has been made. Subject to the same provisions on bail, the Magistrate shall also remand the accused to custody during the trial, and until its conclusion. The Magistrate shall send to the Court of Session the record of the case. The Magistrate shall also send the documents and articles, if any, which are to be produced in evidence. The Magistrate shall notify the Public Prosecutor that the case has been committed to the Court of Session.

Under the first proviso, the proceedings under section 232 of the Sanhita shall be completed within a period of ninety days from the date of taking cognizance. The Magistrate may extend that period for a period not exceeding one hundred and eighty days, for reasons to be recorded in writing. Under the second proviso, an application may be filed before the Magistrate by the accused, by the victim, or by any person authorised by such person, in a case triable by Court of Session. That application shall be forwarded to the Court of Session with the committal of the case.

When Section 232 BNSS Applies

Section 232 BNSS applies when, in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate.
Section 232 BNSS applies when it appears to the Magistrate that the offence is triable exclusively by the Court of Session.
Under Section 232(a) BNSS, the Magistrate shall commit the case to the Court of Session after complying with the provisions of Section 230 BNSS or Section 231 BNSS.
Under Section 232(c) BNSS, the Magistrate shall send to the Court of Session the record of the case and the documents and articles, if any, which are to be produced in evidence.
Under Section 232(d) BNSS, the Magistrate shall notify the Public Prosecutor of the commitment of the case to the Court of Session.
The second proviso to Section 232 BNSS reads 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.

Time Limits Under Section 232 BNSS

The first proviso to Section 232 BNSS reads that the proceedings under Section 232 BNSS shall be completed within a period of ninety days from the date of taking cognizance.Act text: “the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance”
The first proviso reads that the 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.Act text: “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”
Under Section 232(a) BNSS, subject to the provisions of this Sanhita relating to bail, the Magistrate shall remand the accused to custody until such commitment has been made.Act text: “subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made”

Example of Section 232 BNSS

Anil is the accused in a case instituted on a police report, and Anil appears before the Magistrate. It appears to the Magistrate that the offence is triable exclusively by the Court of Session. The victim, Sunita, has filed an application before the Magistrate. Under Section 232 BNSS, the Magistrate shall commit the case to the Court of Session after complying with the provisions of Section 230 BNSS, and the proceedings shall be completed within a period of ninety days from the date of taking cognizance. Subject to the provisions of this Sanhita relating to bail, the Magistrate shall remand Anil to custody until such commitment has been made. The application filed by Sunita shall be forwarded to the Court of Session with the committal of the case.

When Section 232 BNSS Does Not Apply

Section 232 BNSS speaks of an offence triable exclusively by the Court of Session. It does not deal with an offence triable by a Court other than the Court of Session.

Section 232 BNSS in the CrPC (Previous Law)

Section 232 BNSS replaces Section 209 CrPC from the old criminal code.

Section 209 of the Code of Criminal Procedure, 1973 is found in Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 232(a) BNSS refers to Section 230 BNSS and Section 231 BNSS where Section 209(a) CrPC referred to Section 207 CrPC and Section 208 CrPC, and has no counterpart to the words as the case may be. Section 232(a) BNSS and Section 232(b) BNSS read this Sanhita where Section 209(a) CrPC and Section 209(b) CrPC read this Code. Section 232 BNSS adds a first proviso on a period of ninety days from the date of taking cognizance, which may be extended for a period not exceeding one hundred and eighty days, and a second proviso on applications filed before the Magistrate.

View CrPC Section 209 →

FAQs on Section 232 BNSS

What period applies to the proceedings under Section 232 BNSS?▼

The first proviso to Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that the proceedings under Section 232 BNSS shall be completed within a period of ninety days from the date of taking cognizance, and that 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.

What does Section 232 BNSS say about applications filed before the Magistrate?▼

The second proviso to Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads 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.

What must the Magistrate do when committing a case under Section 232 BNSS?▼

Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads that the Magistrate shall commit the case to the Court of Session after complying with the provisions of Section 230 BNSS or Section 231 BNSS, remand the accused to custody subject to the provisions of this Sanhita relating to bail, send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence, and notify the Public Prosecutor of the commitment of the case.

What changed from Section 209 CrPC to Section 232 BNSS from 1 July 2024?▼

From 1 July 2024, Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 209 of the Code of Criminal Procedure, 1973. Section 232(a) BNSS refers to Section 230 BNSS and Section 231 BNSS where Section 209(a) CrPC referred to Section 207 CrPC and Section 208 CrPC, and has no counterpart to the words as the case may be. Section 232(a) BNSS and Section 232(b) BNSS read this Sanhita where Section 209(a) CrPC and Section 209(b) CrPC read this Code. Section 232 BNSS adds a first proviso, which reads that the proceedings shall be completed within a period of ninety days from the date of taking cognizance, and that 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. Section 232 BNSS adds a second proviso, which reads 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.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·