Section 209 CrPC: Commitment of case to Court of Session when offence is triable exclusively by it

Code of Criminal Procedure, 1973

Section 209 CrPC at a Glance

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

Now BNSS

Section 232 →

What Section 209 CrPC Says

209. 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 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;

(b) subject to the provisions of this Code 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.

Source: Section 209, Code of Criminal Procedure, 1973

Section 209 CrPC in Simple Words

Section 209 of the Code of Criminal Procedure, 1973 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 207 or section 208 of the Code, as the case may be. Subject to the provisions of the Code 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.

When Section 209 CrPC Applies

  • Section 209 CrPC applies when, in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate.
  • Section 209 CrPC applies when it appears to the Magistrate that the offence is triable exclusively by the Court of Session.
  • Under Section 209(a) CrPC, the Magistrate shall commit the case to the Court of Session after complying with the provisions of Section 207 CrPC or Section 208 CrPC, as the case may be.
  • Under Section 209(c) CrPC, 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 209(d) CrPC, the Magistrate shall notify the Public Prosecutor of the commitment of the case to the Court of Session.

Time Limits Under Section 209 CrPC

  • Under Section 209(a) CrPC, subject to the provisions of this Code 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 Code relating to bail, remand the accused to custody until such commitment has been made”
  • Under Section 209(b) CrPC, subject to the provisions of this Code relating to bail, the Magistrate shall remand the accused to custody during, and until the conclusion of, the trial.Act text: “subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial”

Example of Section 209 CrPC

Ramesh is the accused in a case instituted on a police report, and Ramesh is brought before the Magistrate. It appears to the Magistrate that the offence is triable exclusively by the Court of Session. Under Section 209 CrPC, the Magistrate shall commit the case to the Court of Session after complying with the provisions of Section 207 CrPC. Subject to the provisions of this Code relating to bail, the Magistrate shall remand Ramesh to custody until such commitment has been made. 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, and shall notify the Public Prosecutor of the commitment of the case.

When Section 209 CrPC Does Not Apply

  • Section 209 CrPC 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 209 CrPC Under BNSS 232: What Changed

Section 209 CrPC is now covered under Section 232 BNSS.

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 detailed comparison (CrPC 209 vs BNSS 232) →

FAQs on Section 209 CrPC

When must the Magistrate commit a case to the Court of Session under Section 209 CrPC?▼

Section 209 of the Code of Criminal Procedure, 1973 reads that 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, the Magistrate shall commit the case to the Court of Session after complying with the provisions of Section 207 CrPC or Section 208 CrPC, as the case may be.

What does Section 209 CrPC say about custody of the accused?▼

Section 209(a) CrPC reads that, subject to the provisions of this Code relating to bail, the Magistrate shall remand the accused to custody until such commitment has been made. Section 209(b) CrPC reads that, subject to the provisions of this Code relating to bail, the Magistrate shall remand the accused to custody during, and until the conclusion of, the trial.

What must the Magistrate send, and whom must the Magistrate notify, under Section 209 CrPC?▼

Section 209(c) CrPC reads that 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. Section 209(d) CrPC reads that the Magistrate shall notify the Public Prosecutor of the commitment of the case to the Court of Session.

Where is Section 209 CrPC found in the BNSS from 1 July 2024?▼

Section 209 CrPC has no sub-sections, and maps as a whole to Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 209(a) CrPC to Section 209(d) CrPC are found in Section 232(a) BNSS to Section 232(d) BNSS. Section 232 BNSS adds a first proviso with a period of ninety days and a second proviso on applications filed before the Magistrate.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·