Under section 209 Criminal Procedure Code which of the following cases can be committed to the court of sessions by a magistrate, if it appears to the magistrate that offence is triable exclusively by the court of sessions?

Option A: A case instituted on police report

Option B: A case Instituted otherwise on a police report

Option C: Both a case instituted on police report and a case instituted otherwise on a police report as well

Option D: None of these

Correct Answer

Option: c

Explanation

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— 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; subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; notify the Public Prosecutor of the commitment of the case to the Court of Session.

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