Commitment of case to Court of Session when offence is triable exclusively by it
Section 232 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 Act came into force on 01 Jul 2024.
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.
Section 232, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 209 Commitment of case to Court of Session when offence is triableexclusively by it Close, with changes 83%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Najibudheen vs State of Kerala
Court's Decision & Legal Precedent
The Court read the two provisos to Section 232 together: the second proviso obliges the committing Magistrate to forward to the Court of Session, along with the committal, any application filed before him (here an application under Section 497 BNSS), so that he cannot himself dispose of it; and the first proviso fixes the outer time limit within which committal must be made. Rather than decide the point in the abstract, the Court called for a report from the Magistrate on when committal could be effected, and on the Magistrate's statement that the case would be committed within two weeks, closed the petition with liberty to approach the Court again.
On this section: Directly construes the machinery of Section 232 - the committal deadline in the first proviso and the bar in the second proviso on the committing Magistrate deciding applications that must travel with the case to the Sessions Court.
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Dilip Parmar S/o Bhagwan Singh vs State of Rajasthan
Court's Decision & Legal Precedent
Setting aside a cryptic charge-framing order of the Special Judge as devoid of reasons, the Court held that a Sessions Court must consider the record and the submissions before framing charge or discharging, and remitted the matter for fresh consideration under Sections 250 and 251 BNSS; in doing so it stated that an accused may apply for discharge under Section 250 BNSS within sixty days from the date of commitment of the case under Section 232 BNSS.
On this section: Identifies the order of commitment under Section 232 as the event from which the sixty-day period for a discharge application under Section 250 BNSS begins to run.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The offence punishable under section 75(1) and 75(2) of Bharatiya Nyaya Sanhita, 2023 are exclusively triable by the Court of Sessions. Therefore, the case is required to be committed as per Section 232 of Bharatiya Nagarik Suraksha Sanhita, 2023 to the Court of Hon'ble Sessions Judge, Chandrapur. The accused is already released on bail. Entire police papers have been supplied to accused. Compliance of Section 230 of Bharatiya Nagarik Suraksha Sanhita, 2023 is duly complied with. The accused has filed the Pursis at …
Questions about Section 232
What have the courts held on Section 232 of the Bharatiya Nagarik Suraksha Sanhita?
Najibudheen vs State of Kerala (18 Dec 2024) is the leading judgment on this section among those set out below: Directly construes the machinery of Section 232 - the committal deadline in the first proviso and the bar in the second proviso on the committing Magistrate deciding applications that must travel with the case to the Sessions Court. Another 1 judgment on this section is set out below. They run from 2024 to 2025.
How do I find court cases under Section 232 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 232, section 232 BNSS, section 232 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 232 1 in hindi and bns 232 section. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Najibudheen vs State of Kerala (18 Dec 2024).
What should I read with Section 232 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 230 (Supply to accused of copy of police report and other documents), section 231 (Supply of copies of statements and documents to accused in other cases triable by Court of Session), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 209 (Commitment of case to Court of Session when offence is triableexclusively by it), so the judgments decided under that provision are the case law on this one.
When did Section 232 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 232 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 232, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.