Powers Of Session Judge To Take Cognizance Directly
Section 193 of the Code of Criminal Procedure provides: "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."
Section 194 of the Code explains: "An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special Order, make over to him for trial or as the High Court may, by special Order, direct him to try."
Section 199(2) of the Code enacts: "Notwithstanding anything contained in this Code, when an offence falling under Chapter XXI of the Indian Penal Code (45 of 1860) is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union Territory, or any other public servant in respect of his conduct in the discharge of his public functions a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor."
Thus, a Court of Session has been empowered to take cognizance of an offence of defamation in certain cases mentioned in Section 199(2) directly on a complaint made by the Public Prosecutor, and without any committal Order.
When such complaint is assigned to an Additional Sessions Judge, he can also take cognizance directly.
Section 193 of the Code of Criminal Procedure provides: "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."
Section 194 of the Code explains: "An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special Order, make over to him for trial or as the High Court may, by special Order, direct him to try."
Section 199(2) of the Code enacts: "Notwithstanding anything contained in this Code, when an offence falling under Chapter XXI of the Indian Penal Code (45 of 1860) is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union Territory, or any other public servant in respect of his conduct in the discharge of his public functions a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor."
When such complaint is assigned to an Additional Sessions Judge, he can also take cognizance directly.
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