Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of Archana v. State of West Bengal held that the power under Section 323 of the Criminal Procedure Code, 1973 (CrPC) may be invoked after the deposition or the examination-in-chief of a witness by the Magistrate.

Background

• In this matter, the matrimonial discord between the parties has reached a different level culminating in a criminal case.
• The Chief Metropolitan Magistrate committed this matter to the jurisdictional Sessions Court after exercising the powers under Section 323 of CrPC and concluded that the charge under Section 307 of the Indian Penal Code, 1860 (IPC) is required to be heard by way of an additional charge.
• Thereafter, the High Court of Calcutta directed the Chief Metropolitan Magistrate to undertake the exercise of committal in pursuant to a decision to be taken as to whether a charge can be added under Section 307 of IPC only after the conclusion of the entire evidence of the appellant.
• The question for consideration before the SC was with respect to the remittal order passed by the HC.
• The order passed by the HC was set aside and the one passed by the Chief Metropolitan Magistrate was restored.

Court’s Observations

• The bench of Justices MM Sundresh and JB Pardiwala observed that it is evident from the statute that the power under Section 323 of CrPC may be invoked by the Magistrate at any stage of the proceeding prior to signing of the Judgment. Thus, it is a settled provision of law that the said power may be invoked even after the deposition or the examination-in-chief of a witness.
• The bench further held that the key requirement for the invocation of the power under this Section is that the Magistrate concerned must feel that the case is one which ought to be tried by the Court of Sessions.

Legal Provisions

Section 323, CrPC

• Section 323 deals with the procedure when after the commencement of inquiry or trial, the Magistrate finds a case should be committed. It states that -
  • If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XVIII shall apply to the commitment so made.

Section 307, IPC

• Section 307 of IPC defines the offence of attempt to murder. It states that -
  • Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.
  • Attempts by life convicts - When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
• The offence under Section 307 is cognizable, non-bailable and non-compoundable offence.

Related Case Laws

• In Vikram Singh v. State of Punjab (2010) case, the SC held that the presence of an intention to cause death or knowledge that the act is likely to cause death is essential to invoke Section 307.
• In the case of Rambabu v. State of Madhya Pradesh (2019), the HC of Bombay held that injuries to the person, regardless of their severity, would attract punishment under Section 307. All the injuries will be considered as an offence and the person committing them will be held guilty.