Section 193 CrPC: Cognizance of offences by Courts of Session

Code of Criminal Procedure, 1973

Section 193 CrPC at a Glance

Section 193 CrPC deals with cognizance of offences by Courts of Session. From 1 July 2024 it is replaced by Section 213 BNSS.

What Section 193 CrPC Says

193. Cognizance of offences by Courts of Session

Except as otherwise expressly provided by this Code 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 Code.

Source: Section 193, Code of Criminal Procedure, 1973

Section 193 CrPC in Simple Words

Section 193 of the Code of Criminal Procedure, 1973 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 Code. The rule starts with an exception for what the Code or any other law for the time being in force expressly provides.

When Section 193 CrPC 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 Code.
  • The rule gives way where the Code or any other law for the time being in force expressly provides otherwise.

Example of Section 193 CrPC

Ramesh brings a case against Suresh straight to a Court of Session. No Magistrate has committed the case to the Court of Session under the Code, and neither the Code nor any other law for the time being in force expressly provides otherwise. Under Section 193 CrPC, the Court of Session shall not take cognizance of the offence as a Court of original jurisdiction.

When Section 193 CrPC Does Not Apply

  • Section 193 CrPC speaks of a Court of Session taking cognizance of an offence. It does not deal with a Magistrate taking cognizance of an offence.
  • Section 193 CrPC 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 193 CrPC Under BNSS 213: What Changed

Section 193 CrPC is now covered under Section 213 BNSS.

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 detailed comparison (CrPC 193 vs BNSS 213) โ†’

FAQs on Section 193 CrPC

Can a Court of Session take cognizance of an offence directly under Section 193 CrPC?โ–ผ

Section 193 CrPC 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 Code. The rule is subject to what the Code or any other law for the time being in force expressly provides.

What is the exception in Section 193 CrPC?โ–ผ

Section 193 CrPC opens with the words Except as otherwise expressly provided by this Code or by any other law for the time being in force. The exception is therefore whatever the Code or another law for the time being in force expressly provides.

Which Court of Session is addressed by Section 193 CrPC?โ–ผ

Section 193 CrPC 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 Code.

Where is Section 193 CrPC found in the BNSS from 1 July 2024?โ–ผ

Section 193 CrPC has no sub-sections, and maps as a whole to Section 213 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 ยท Last updated: 20 Oct 2026 ยท