Introduction
The power of Sessions Courts to take cognizance forms a critical aspect of India’s criminal justice system. While the Criminal Procedure Code, 1973 establishes clear procedural boundaries through Section 193, various provisions within the Code and special legislations create specific exceptions that empower Sessions Courts to exercise original jurisdiction. This article examines the intricate legal framework governing when and how Sessions Courts can take cognizance of criminal offences.
The Foundational Principle: Section 193 CrPC
The cornerstone of Sessions Court jurisdiction lies in Section 193 of the Criminal Procedure Code, which establishes a fundamental rule: Sessions Courts cannot take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a Magistrate. This provision serves as a procedural safeguard, ensuring that accused persons receive the benefit of preliminary inquiry and become acquainted with the circumstances of the alleged offence.
The section explicitly states: “Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a Magistrate under this Code”.
This restriction maintains the hierarchical structure of criminal courts and ensures systematic progression of cases through appropriate judicial levels.
Unlocking Jurisdiction: Post-Committal Powers
Once a Magistrate commits a case to the Sessions Court under Section 209 CrPC, a significant transformation occurs. The bar imposed by Section 193 is lifted, and the Sessions Court becomes invested with complete, unfettered jurisdiction as a court of original jurisdiction. This empowerment allows the court to exercise broader discretionary powers, including the ability to take cognizance of additional offences and summon persons not originally named as accused if their complicity becomes evident from available materials.
The Sessions Court’s enhanced jurisdiction post-committal also extends to taking cognizance against non-charge-sheeted accused persons who may have been overlooked by the investigating agency. This power operates independently of the provisions under Section 319 CrPC, providing courts with necessary flexibility in ensuring comprehensive justice.
Specialized Provisions Within CrPC
Section 199(2) of CRPC: Defamation in Public Service
Section 199(2) creates a specific pathway for public servants to seek redress for defamation related to their official conduct. This provision enables public servants to file complaints through public prosecutors regarding defamatory statements made in respect of their conduct while discharging public functions. The key requirement is that the alleged defamation must specifically relate to acts or conduct performed in the discharge of official duties.
Section 340: Safeguarding Judicial Administration
The integrity of judicial proceedings receives protection through Section 340, which empowers courts to initiate proceedings for offences affecting the administration of justice. This includes perjury, false affidavits, and misleading statements that compromise judicial processes. The provision allows courts to make complaints and refer cases to competent Magistrates after conducting preliminary inquiries, covering offences under Sections 193, 199, 200, and 209 of the Indian Penal Code.
Special Legislative Frameworks: Breaking Traditional Barriers
POCSO Act: Protecting Child Victims
The Protection of Children from Sexual Offences (POCSO) Act represents a significant departure from traditional cognizance procedures. Section 33(1) of the POCSO Act specifically empowers Special Courts to take cognizance of offences without requiring committal proceedings. This streamlined approach recognizes the sensitive nature of child sexual abuse cases and the need for expedited judicial intervention.
SC/ST Prevention of Atrocities Act: Ensuring Social Justice
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act creates an exclusive jurisdiction framework where only Special Courts can take cognizance of offences under the Act. This provision ensures that cases involving caste-based violence and discrimination receive specialized judicial attention, with ordinary Magistrates lacking authority to initiate proceedings under this legislation.
NDPS Act: Combating Drug Offences
The Narcotic Drugs and Psychotropic Substances (NDPS) Act similarly allows Sessions Courts to bypass traditional committal processes and directly take cognizance of drug-related offences. This exception reflects the legislative intent to expedite proceedings in narcotic cases while maintaining appropriate judicial oversight.
Electricity Act: Regulating Power Sector Offences
Under Section 151 of the Electricity Act, 2003, cognizance requires specific procedural compliance, including written complaints from appropriate authorities. However, Section 153 empowers special courts to take cognizance without committal requirements, balancing regulatory oversight with judicial efficiency in electricity-related offences.