CrPC Section 23
Criminal Procedure Code (CrPC) - Section 23: Jurisdiction of Criminal Courts as to Offences Triable Exclusively by the Court of Sessions
Section 23 of the Criminal Procedure Code (CrPC) specifies the jurisdiction of various criminal courts concerning offences that are exclusively triable by the Court of Sessions. It clarifies which courts can try which offences, particularly distinguishing between courts of Sessions and Magistrates.
Purpose:
The purpose of Section 23 is to delineate the authority of courts in criminal matters, especially to ensure that serious offences receive appropriate judicial attention by the Court of Sessions, while lesser offences may be tried by Magistrates.
Key Provisions of Section 23:
Offences Triable Exclusively by the Court of Sessions:
When an offence is exclusively triable by the Court of Sessions, no other court shall try that offence.
Power of Courts Below the Sessions Court:
Courts lower than the Sessions Court (such as Magistrate Courts) have no jurisdiction to try offences which the Sessions Court has exclusive authority over.
Exceptions:
The Code or law may specifically provide exceptions, but generally, offences listed as exclusively triable by the Court of Sessions cannot be tried by Magistrates.
Transfer of Cases:
If a Magistrate receives a complaint regarding an offence triable only by the Sessions Court, the Magistrate must send the case to the Sessions Court for trial.
Significance of Section 23:
Ensures Proper Trial Venue: Serious offences (like murder, rape, robbery, etc.) require trial before the Sessions Court, which has greater powers and authority.
Avoids Jurisdictional Conflict: Prevents Magistrates from trying cases they are not authorized to try, maintaining the legal hierarchy and judicial discipline.
Efficient Judicial Process: Helps in the appropriate allocation of cases based on their gravity, ensuring the Sessions Court handles complex and serious matters.
Practical Example:
If a murder case (an offence exclusively triable by the Court of Sessions) is filed before a Magistrate, the Magistrate cannot try the case but must send it to the Sessions Court for trial.
Conclusion:
Section 23 of the CrPC is crucial for defining the jurisdictional boundaries between courts in the criminal justice system. It maintains the proper administration of justice by ensuring that serious offences are tried only by the Courts of Sessions, while other offences may be handled by Magistrates.
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