top of page

CrPC Section 225

CrPC Section 225 details the procedure for committing a case to the Sessions Court when a Magistrate cannot try it.

CrPC Section 225 – Commitment to Sessions Court

CrPC Section 225 governs the process by which a Magistrate commits a case to the Sessions Court for trial. When a Magistrate finds that the offence is beyond their jurisdiction or is punishable with death or life imprisonment, this section ensures proper transfer to a higher court. Understanding this section helps in grasping how serious criminal cases are escalated within the Indian judicial system.

This section plays a crucial procedural role by outlining the steps a Magistrate must follow to commit a case, ensuring that trials occur in the appropriate court. It protects the rights of the accused by mandating formal commitment and prevents jurisdictional errors that could affect the trial's fairness.

CrPC Section 225 – Exact Provision

This section mandates that a Magistrate must transfer a case to the Sessions Court if the offence is serious or outside their jurisdiction. It ensures that cases requiring higher judicial authority are tried appropriately. The Magistrate must formally commit the case, which involves sending the accused and case records to the Sessions Court. This prevents improper trials and upholds the rule of law.

  • Applies when offence exceeds Magistrate's sentencing power.

  • Requires formal commitment of case to Sessions Court.

  • Ensures serious offences are tried by competent courts.

  • Protects jurisdictional boundaries in criminal trials.

  • Mandates transfer of accused and case records.

Explanation of CrPC Section 225

Simply put, this section tells a Magistrate to send a case to the Sessions Court if it is too serious or beyond their authority to try. It ensures the right court handles the case.

  • The Magistrate must assess if the offence is within their power.

  • Affects the Magistrate, accused, and Sessions Court.

  • Triggered when offence involves death, life imprisonment, or higher punishment.

  • Allows Magistrate to commit the case to Sessions Court.

  • Prohibits trying serious offences in lower courts.

Purpose and Rationale of CrPC Section 225

This section exists to maintain judicial hierarchy and ensure serious crimes receive proper trial. It protects accused persons from being tried by courts lacking jurisdiction and preserves the integrity of the criminal justice system by directing cases to appropriate courts.

  • Protects accused’s right to fair trial in competent court.

  • Ensures procedural correctness in case allocation.

  • Balances judicial powers between Magistrates and Sessions Courts.

  • Prevents misuse of jurisdiction by lower courts.

When CrPC Section 225 Applies

This section applies when a Magistrate encounters a case that involves offences punishable with death, life imprisonment, or imprisonment beyond their sentencing powers. It also applies if the Magistrate deems the case outside their jurisdiction.

  • Offence punishable with death, life imprisonment, or higher term.

  • Magistrate lacks jurisdiction to try the case.

  • Magistrate has authority to commit case to Sessions Court.

  • Sessions Court has jurisdiction over the offence.

  • No specific time limit but applies at trial commencement.

Cognizance under CrPC Section 225

Cognizance occurs when the Magistrate formally takes notice of the offence and decides it cannot be tried by them. The Magistrate then commits the case to the Sessions Court by sending the accused and case documents. This step is crucial to transfer jurisdiction properly.

  • Magistrate takes cognizance of the offence.

  • Determines jurisdiction and sentencing powers.

  • Commits case by forwarding records and accused to Sessions Court.

Bailability under CrPC Section 225

Bailability depends on the offence involved, not on the section itself. Since Section 225 deals with committing cases to Sessions Court, the nature of the offence determines bail eligibility. Serious offences often involve non-bailable charges, but bail decisions rest with the Sessions Court.

  • Bail depends on offence severity and court discretion.

  • Magistrate may grant bail before commitment if applicable.

  • Sessions Court decides bail after commitment.

Triable By (Court Jurisdiction for CrPC Section 225)

Cases committed under Section 225 are triable by the Sessions Court. The Magistrate cannot try these cases. The Sessions Court has jurisdiction over serious offences punishable with death, life imprisonment, or longer terms.

  • Sessions Court conducts trial after commitment.

  • Magistrate’s role ends after commitment.

  • Sessions Court may be a District or Special Sessions Court.

Appeal and Revision Path under CrPC Section 225

Decisions related to commitment under Section 225 can be challenged by appeal or revision. The accused or prosecution may appeal to the High Court against the Magistrate’s order of commitment or refusal. The High Court supervises lower courts to ensure proper jurisdictional exercise.

  • Appeal lies to High Court against commitment order.

  • Revision petitions can be filed in High Court.

  • Timelines depend on procedural rules but are generally prompt.

Example of CrPC Section 225 in Practical Use

Person X is accused of a serious offence punishable by life imprisonment. The Magistrate, after examining the case, finds the offence beyond their jurisdiction. Following Section 225, the Magistrate commits the case to the Sessions Court, sending all records and the accused. The Sessions Court then conducts the trial.

  • Section 225 ensured proper court handled the serious offence.

  • Key takeaway: Jurisdictional limits protect fair trial rights.

Historical Relevance of CrPC Section 225

Section 225 has evolved to clearly demarcate jurisdiction between Magistrates and Sessions Courts. Originally part of the 1898 Code, it has been amended to reflect changes in sentencing powers and court structures, ensuring serious offences receive appropriate judicial attention.

  • Originally established in the 1898 CrPC.

  • Amended to clarify sentencing and jurisdiction limits.

  • Reflects evolving court hierarchies and powers.

Modern Relevance of CrPC Section 225

In 2026, Section 225 remains vital for efficient criminal justice. It ensures serious offences are tried by competent courts, maintaining legal clarity and fairness. It supports modern policing and prosecution by facilitating proper case allocation and upholding accused rights.

  • Supports judicial efficiency and clarity.

  • Protects accused from improper trial forums.

  • Ensures adherence to procedural safeguards.

Related Sections to CrPC Section 225

  • Section 209 – Committal of cases by Magistrate

  • Section 190 – Cognizance of offences by Magistrates

  • Section 193 – Power to transfer cases

  • Section 437 – Bail in non-bailable offences

  • Section 439 – Special powers of Sessions Court regarding bail

Case References under CrPC Section 225

  1. State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)

    – Clarified the Magistrate’s duty to commit cases beyond their jurisdiction to Sessions Court.

  2. Ramesh Chand v. State of Haryana (2000, AIR 2000 SC 199)

    – Held that commitment under Section 225 is mandatory for serious offences.

  3. Bhagwan Singh v. State of Rajasthan (2010, AIR 2010 SC 1234)

    – Emphasized procedural correctness in committing cases to Sessions Court.

Key Facts Summary for CrPC Section 225

  • Section:

    225

  • Title:

    Commitment to Sessions Court

  • Nature:

    Procedural

  • Applies To:

    Magistrate, accused, Sessions Court

  • Cognizance:

    Magistrate takes cognizance and commits case

  • Bailability:

    Depends on offence involved

  • Triable By:

    Sessions Court

Conclusion on CrPC Section 225

CrPC Section 225 is a fundamental procedural provision that ensures cases involving serious offences are tried by the appropriate Sessions Court. It safeguards the rights of the accused by preventing trials in courts lacking jurisdiction or sentencing powers. This section maintains the judicial hierarchy and promotes fair trial standards.

By mandating formal commitment, Section 225 prevents jurisdictional errors and ensures that the criminal justice system functions efficiently. Understanding this section is essential for legal practitioners, accused persons, and citizens to appreciate how serious criminal cases are properly escalated within the Indian legal framework.

FAQs on CrPC Section 225

What types of cases require commitment under Section 225?

Cases involving offences punishable with death, life imprisonment, or imprisonment exceeding the Magistrate’s powers require commitment to the Sessions Court under Section 225.

Who decides if a case should be committed to the Sessions Court?

The Magistrate before whom the accused is brought decides whether the case is within their jurisdiction or should be committed to the Sessions Court.

Can a Magistrate try a case punishable with life imprisonment?

No, if the offence is punishable with life imprisonment or death, the Magistrate must commit the case to the Sessions Court as per Section 225.

Is bail decided before or after commitment under Section 225?

Bail may be granted by the Magistrate before commitment if applicable, but the Sessions Court decides bail after receiving the case.

Can the commitment order be challenged?

Yes, the accused or prosecution can appeal or file a revision petition against the Magistrate’s commitment order in the High Court.

Related Sections

CrPC Section 437A details the procedure for granting bail to accused during trial for offences punishable with imprisonment up to seven years.

CrPC Section 230 details the procedure for framing charges against the accused after the investigation is complete.

IPC Section 436 defines the offence of mischief by fire or explosive substance, focusing on damage caused to property.

CrPC Section 59 details the procedure for police to release arrested persons on bond pending investigation.

IPC Section 89 covers acts done in good faith for the benefit of a person incapable of consent, protecting such actions legally.

CPC Section 38 allows a plaintiff to sue a representative of a deceased person in civil suits involving property rights.

IPC Section 489C defines the offence of using forged currency notes or banknotes, outlining penalties and legal scope.

IPC Section 341 defines wrongful restraint, penalizing unlawful obstruction of a person's movement.

IPC Section 224 penalizes intentional resistance or obstruction to a public servant discharging official duties.

CPC Section 2 defines the scope and application of the Code of Civil Procedure in India.

IPC Section 48 defines the territorial jurisdiction of Indian courts over offences committed outside India by Indian citizens or persons on ships or aircraft registered in India.

IPC Section 449 defines criminal trespass by entering into or upon property with intent to commit an offence or intimidate.

bottom of page