CrPC Section 213
Criminal Procedure Code (CrPC) – Section 213: Procedure When Magistrate Discharges Accused and Case Is Subsequently Committed for Trial
Section 213 of the Criminal Procedure Code (CrPC) deals with the procedure to be followed when a Magistrate, after considering the evidence, discharges the accused, but the case is later committed to a higher court for trial. It provides the Magistrate the power to send the evidence collected so far to the higher court.
Purpose:
The purpose of Section 213 is to ensure that when an accused is discharged by a Magistrate but the case is sent to a higher court (e.g., Sessions Court), the evidence already collected is forwarded so the higher court can consider it for trial without restarting the investigation.
Key Provisions of Section 213:
Discharge of the Accused:
When the Magistrate discharges the accused due to insufficient evidence or no case being made out at the Magistrate's level.
Case Committed for Trial:
If the Magistrate later decides to commit the case to a Court of Session for trial (usually in serious offences).
Forwarding the Evidence:
The Magistrate must send all the statements recorded and the documents collected during the investigation or inquiry to the Sessions Court along with the order of committal.
Ensures Continuity:
This provision prevents the need for fresh investigation or repetition of evidence at the Sessions Court.
Importance of Section 213:
Efficient Judicial Process: Saves time and resources by forwarding existing evidence to the trial court.
Maintains Continuity: Ensures that the Sessions Court has full information to proceed with trial.
Legal Clarity: Avoids duplication of efforts by police and courts.
Practical Example:
A Magistrate conducts a preliminary inquiry and discharges the accused due to lack of evidence but later, on new information, commits the case to the Sessions Court. Under Section 213, all statements and documents are forwarded to the Sessions Court.
Conclusion:
Section 213 of the CrPC facilitates a smooth transition of cases from Magistrate’s Court to Sessions Court by forwarding all relevant evidence and documents collected during the Magistrate’s inquiry or investigation, ensuring effective and continuous trial proceedings.
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