Legal Provisions of Section 193 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Cognizance of offences by Courts of Session:
The section bars the jurisdiction of a Court of Session to take cognizance of an offence as a Court of original jurisdiction for two obvious reasons:—
Image Source: ourtownstories.co.uk
ADVERTISEMENTS:
1. To prevent the time of the Court of Session being wasted over a case in which the charge is not supported by any evidence as would justify a conviction; and
2. To secure to the person charged a preliminary inquiry which would afford him an opportunity of being acquainted with the circumstances of the offence imputed to him and enable him to prepare for defence.
Where an offence is exclusively triable by a Court of Session, the Magistrate taking cognizance of such offence is required to commit the case for trial to the Court of Session after completing the preliminary formalities as mentioned in Section 209 of the Code.
ADVERTISEMENTS:
Once the Sessions Court is properly seized of the case as result of committal order, it may add any person to the array of accused after collecting some evidence. It also has the power to recall a discharged accused, if he finds sufficient evidence against him.
The special laws such as the NDPS Act, 1985, or the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 which do not provide any procedure for trial of the offences created under the said Acts, shall be governed by the Code of Criminal Procedure so far procedure of trial is concerned.
Therefore, the special Courts constituted under these Acts have no jurisdiction to try the offence directly without the case being duly committed to it in accordance with the provisions contained in Section 193 of Cr.P.C.
