Committal Stage

Source: Supreme Court  

Why in News? 

Recently, Justice JB Pardiwala and Justice R Mahadevan held that a Sessions Court can summon an additional accused at the committal stage under Section 193 the Criminal Procedure Code,1973 (CrPC) as cognizance is taken of the offence and not the offender. 

• The Supreme Court held this in the matter of Kallu Nat Alias Mayank Kumar Nagar v State of UP and Anr.(2025).

What was the Background of Kallu Nat Alias Mayank Kumar Nagar v State of UP and Anr.(2025) Case? 

• Shivwati, wife of complainant Vijaylal, went missing on 21st November 2018 and her dead body was found on 24th November 2018 in bushes with a sal noose around her neck.  
• The husband filed an FIR naming Ajay as the suspect, alleging he had an extra-marital affair with the victim.  
• During investigation, the petitioner Kallu Nat alias Mayank Kumar Nagar's name surfaced when witnesses stated he had made extra-judicial confessions about his involvement. 
• The Crime Branch later gave a clean chit to the petitioner and filed chargesheet only against Ajay on 21st February 2019. 
• The case was committed to Sessions Court on 11th March 2019, and on 2nd April 2019, the victim's husband filed an application under Section 193 CrPC to summon the petitioner as an accused.  
• The trial court took five years to decide this application and ultimately allowed it based on evidence including witness testimonies, call detail records showing 17 calls between the deceased and petitioner, eyewitness accounts of petitioner accompanying the victim, extra-judicial confession, and post-mortem confirming rape and strangulation. 

What were the Court’s Observations? 

• Trial Court Observations: 
  • The trial court observed illicit relations between deceased and both accused persons who conspired together.  
  • The court noted suspicious activities and extensive phone communications (17 calls) between deceased and petitioner. 
  • The court gave weight to extra-judicial confession and post-mortem confirming rape and strangulation. The court concluded sufficient prima facie evidence existed to summon petitioner under Sections 376 and 302 IPC. 
• High Court Observations: 
  • The High Court observed the criminal revision was not maintainable due to prior Section 482 application for same relief.  
  • The court observed Sessions Court validly exercised Section 193 jurisdiction and order could not be challenged, relying on Dharam Pal case. 
• Supreme Court Observations” 
  • The Supreme Court observed courts take cognizance of "offence" not "offender" and can summon additional accused when involvement becomes apparent. The court observed commitment under current CrPC is of "case" not "accused" unlike old Code.  
  • The court observed Sessions Court has complete jurisdiction to summon any individual accused after committal.  
  • The court observed petitioner's Section 319 argument was misconceived as it stands on different footing. 
  • The court observed it becomes court's duty to find real offenders and summon others involved in crime. 
  • The court observed allowing investigating agencies to exonerate accused would hamper justice, emphasizing procedure should be handmaid of justice not roadblock. 

What is Committal Stage? 

• The committal stage is a crucial procedural step where a Magistrate examines the police report and materials to determine whether the case should be tried by a Court of Session.  
• During committal proceedings, the Magistrate assesses whether the offence is exclusively triable by the Sessions Court and commits the "case" rather than individual accused persons.  
• At the committal stage, the Magistrate takes cognizance of the offence for the limited purpose of commitment, after which the Sessions Court assumes complete original jurisdiction over the matter. 
• The committal stage serves as a filter mechanism ensuring that only appropriate cases reach the Sessions Court while preserving the court's power to summon additional accused persons based on materials available on record. 

What is Section 213 BNSS ? 

• Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS), which corresponds to Section 193 of the Criminal Procedure Code (CrPC), provides that 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.  
• This provision establishes the fundamental principle that Sessions Courts derive their jurisdiction to try cases through the committal process conducted by Magistrates.