Question

If a court lower to the Sessions Court tries a murder case that court is called as

• A. Coram sub judice
• B. Coram non judice
• C. Coram non subjudice
• D. Coram judice

Hint:

Remember these key jurisdictional terms: - Coram judice: With jurisdiction (valid). - Coram non judice: Without jurisdiction (void). Also, know which offenses are exclusively triable by the Court of Session. This is specified in the First Schedule of the CrPC and includes serious offenses like murder, rape, and dacoity.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
This question deals with the concept of jurisdiction in criminal procedure, using Latin legal terms. Jurisdiction is the authority of a court to hear and decide a case. A trial is only valid if conducted by a court with proper jurisdiction.
Step 2: Detailed Explanation:
Under the Code of Criminal Procedure, 1973 (CrPC), the jurisdiction to try different offenses is specified. According to the First Schedule of the CrPC, an offense of murder (Section 302 IPC) is triable exclusively by a Court of Session.
Let's analyze the Latin terms:
- Coram judice: Before a judge; in the presence of a judge who has jurisdiction to hear the case. A proceeding held \textit{coram judice} is legally valid.
- Coram non judice: Literally, "before one who is not a judge." It means a legal proceeding held before a court or judge that lacks the jurisdiction to hear it. Such proceedings are null and void from the beginning.
- Coram sub judice: This is a mix of terms. "Sub judice" means "under a judge" or "before a court," referring to a matter that is currently under trial.
If a court lower than the Court of Session (for example, a Court of a Judicial Magistrate First Class) tries a murder case, it is acting without jurisdiction. Therefore, the proceedings are \textit{coram non judice}, and any judgment passed would be a nullity.