Section 213

This provision continues a long-standing structure in Indian criminal procedure (earlier found in Section 193 of the Code of Criminal Procedure, 1973) that creates a filtering step before serious cases reach the higher trial court. Magistrates conduct preliminary screening—assessing whether there is enough material to proceed—before a case is sent up to the Sessions Court, which handles more serious offences. This avoids overburdening Sessions Courts with matters that may not warrant a full sessions trial and ensures an orderly, tiered case flow within the criminal justice system.

Under the corresponding provision in the earlier Code of Criminal Procedure (Section 193), courts consistently held that a Sessions Court's jurisdiction to try a case as a court of original jurisdiction is strictly conditional on a valid committal order from a Magistrate. Judgments emphasized that without proper committal, any trial conducted by the Sessions Court would be without jurisdiction. Courts also recognized that certain special laws (e.g., statutes creating special courts) may expressly authorize direct cognizance by a Sessions-level court, bypassing the usual committal requirement—consistent with the 'except as otherwise provided' language.

• Myth: A Sessions Court can pick up and start any serious criminal case whenever it wants.
  Fact: A Sessions Court can only start a case as the original trial court after a Magistrate has committed it, unless another law specifically allows direct cognizance.
• Myth: This rule has no exceptions.
  Fact: The provision itself says 'except as otherwise expressly provided'—meaning other laws can create special courts or procedures that bypass the usual committal requirement.