CrPC Section 9 — Court of Session

Summary

Sub-section (1) requires the State Government to establish a Court of Session for every sessions division.

Sub-section (2) says that each Court of Session is presided over by a Judge appointed by the High Court.

Sub-section (3) allows the High Court to appoint Additional Sessions Judges and Assistant Session Judges to exercise jurisdiction in a Court of Session.

Sub-section (4) allows the High Court to appoint the Sessions Judge of one sessions division as an Additional Sessions Judge of another division. The Judge may then sit at places in that other division chosen by the High Court to dispose of cases.

Sub-section (5) applies when the office of the Sessions Judge is vacant. The High Court may arrange for urgent applications that are, or may be, made or pending before the Court of Session to be dealt with by an Additional or Assistant Sessions Judge. If there is neither, it may arrange for a Chief Judicial Magistrate in the sessions division to deal with them. The Judge or Magistrate given this role has jurisdiction to deal with those applications.

Sub-section (6) says that the Court of Session ordinarily sits at the place or places specified by the High Court by notification. For a particular case, it may sit elsewhere in the sessions division to dispose of the case or examine witnesses if it considers that doing so would generally be more convenient for the parties and witnesses, and both the prosecution and the accused consent.

The Explanation says that, for this Code, “appointment” does not include a person’s first appointment, posting or promotion by the Government to a Service or post connected with the affairs of the Union or a State, where a law requires the Government to make that appointment, posting or promotion.

Official Text

(1) The State Government shall establish a Court of Session for every sessions division.

(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.

(3) The High Court may also appoint Additional Sessions Judges and Assistant Session Judges to exercise jurisdiction in a Court of Session.

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.

Explanation.—For the purposes of this Code, “appointment” does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.

Old <-> New Code Mapping

• BNSS §8 — Court of Session