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Court of Session (S. 6 to 8, 21 and 22 of BNSS)

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Administration of justice is the most important function of the state. For this purpose our constitution has set up a hierarchy of courts. A court is a place where legal trials take place. It is an institution where several disputes are settled via the legal process. In this article, we shall discuss the provisions related to Court of Session under the Bharatiya Nagarik Suraksha Sanhita, 2023.

The Supreme Court is the apex body, followed by state High Courts which have been created by the constitution of India, and their jurisdiction and powers are well defined in the constitution itself. Apart from the Supreme Court and High Courts, the criminal courts have been described in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The term criminal court is not defined in the Sanhita. The Court can be defined as denoting every judge or magistrate lawfully exercising jurisdiction in criminal cases whether for the decision of such cases in the first instance or an appeal or for commitment to any other court or officer. A Criminal Court is a court that has the jurisdiction and authority to try and punish the persons accused of committing a crime as per criminal law. Generally, the government files a case in Criminal Courts against a person who has committed any crime. The reason behind this is that whenever a crime is committed, it is considered an act against a state and not only the victim. It is the paramount duty of the state to protect its citizens. Therefore, the state becomes operative when a crime is committed.

Comparative Tables of Provisions BNSS and CRPC:

BNSS, 2023CrPC, 1973
SectionHeadingProvisionSectionHeading
6Classes of Criminal Courts 6Classes of Criminal Courts
7Territorial Divisions 7Territorial Divisions
8Court of Session 9Court of Session
21Courts by which offences are triable 26Courts by which offences are triable
22Sentences which High Courts and Session Judges may pass 28Sentences which High Courts and Session Judges may pass

Section 6 of BNSS:

Classes of Criminal Courts:

Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:-

  • Courts of Session;
  • Judicial Magistrates of the first class;
  • Judicial Magistrates of the second class; and
  • Executive Magistrates.

Classes of Criminal Courts in India:

Criminal courts can be categorized or classified, in the hierarchy, as given below:

  • Supreme Court.
  • High Court.
  • Sessions Court (also called Court of Session).
  • Judicial Magistrates of First Class 
  • Judicial Magistrates of Second Class.
  • Executive Magistrates

In R. Subramaniam v. Commissioner, AIR 1964 Mad 185 case, the Madras High Court said that it is necessary that a Criminal Court must function as Criminal Court, merely one of the Courts mentioned in Section 6 CrPC (S. 6 BNSS) is not enough.

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Territorial Division:

  • According to Section 7(1) of BNSS, every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of districts.
  • According to Section 7(4) of BNSS, the sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section.
Court of Session

Court of Session:

The Court of Sessions is said to be the highest court of criminal jurisdiction in a district. It is also known as the court of first instance to try serious criminal offences. Serious criminal offences mean offences whose punishment is imprisonment exceeding seven years including life imprisonment. The Court of Sessions, as established under the Bharatiya Nagarik Suraksha Sanhita, 2023 (CrPC, 1973), stands as a cornerstone in the criminal justice system of India. Section 6 of BNSS, provides for Subordinate Courts, apart from the High Court in every state. The provisions related to the Court of Session are contained under section 8 of BNSS.

Appointment of Judge of Court of Session:

  • According to Section 8(1) of BNSS, every state must establish a Court of Session for every Sessions Division
  • According to Section 8(2) of BNSS, every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
  • According to Section 8(3) of BNSS, the High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session.
  • According to Section 8(4) of BNSS, 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.
  • According to Section 8(5) of BNSS, 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 Sessions Judge or if there be no Additional 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.

In Dara Singh v. Tej Kaur, 2000 CrLJ 3145 case, the Court observed that a Court of Special Judge is not a court falling within Section 6, and, therefore cannot be described as a Court of Session.

In A R Antulay v. R S Naik, AIR 1984 SC 718, the Supreme Court observed that a Court of Special Judge is a court of original criminal jurisdiction has all powers except those specially excluded.

Sit of Court of Session:

  • According to Section 8(6) of BNSS, 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.

In Ranjit Singh v. Chief Justice, 1986 CrLJ 632 (Del-DB) case, the Delhi High Court said that the High Court may notify and direct the Sessions Judge to hold his sitting in a place other than his ordinary place of sitting.

In Kehar Singh v. State (Delhi Administration), AIR 1988 SC 1883 case, the Court observed that the High Court has power to notify Tihar Jail as a place of holding sitting of Sessions Court in addition to Tis Hazari and New Delhi where the Sessions Court co9uld hold its sitting

Administrative Powers of Court of Session:

  • According to Section 8(7) of BNSS, the Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges.
  • According to Section 8(8) of BNSS, the Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

In Union Territory of Dadra v. Fatehsingh, 2006 AIR SCW 4840 case, the Court held that where the Session Judge delegates power to CJM to dispose of bail applications in his absence, that power is no more available after the Session Judge ceases to hold office.

Jurisdiction of Court of Session:

Territorial jurisdiction, determining the court based on where the offence occurred, is fundamental. Court of Session has both Original and Appellate jurisdiction.

Original Jurisdiction:

  • Court of Sessions in view of Section 21 of BNSS may try any offense under the Bharatiya Nyaya Sanhita, 2023.
  • According to Section 213 of BNSS, except as otherwise expressly provided by this Sanhita 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 Section 232 of this Sanhita.
  • Court of Sessions may take cognizance without the case being committed to it, upon a complaint in writing made by the Public Prosecutor, U/s 222(2) of BNSS. According to Section 222(2) of BNSS, notwithstanding anything contained in this Sanhita, when any offence falling under section 356 of the Bharatiya Nyaya Sanhita, 2023 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 employed in connection with the affairs of the Union or of a State 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.
  • According to Section 214 of BNSS, an Additional 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.

Appellate Jurisdiction:

  • Appellate Court in view of Section 414 of BNSS against the orders passed U/s 136 or U/s 140 of BNSS.
  • Appellate Court against, conviction of a trial held by Judicial Magistrate First Class or Second Class or sentenced U/s 364 of BNSS or the order or sentence passed U/s 401 of BNSS by any magistrate.
  • Appellate Court in view of Section 418 of BNSS against the sentence, on the ground of inadequacy.
  • Appellate Court against the order of acquittal passed by a magistrate in respect of a cognizable and Non-bailable offence in view of section 419 of BNSS.
  • Appellate Court against the judgment and orders passed by the Juvenile Justice Board, in view of Section 101(2) of Juvenile Justice (Care and Protection of Children) Act, 2015.

Revisional Powers:

  • Under Section 438. (1) of BNSS, the High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record.

Jurisdiction under Other Acts:

  • Judge Special Court under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989 vide Notification No.14/8/2001- 3SCW1/1388 dated 19.10.2006
  • Judge Special Court under Narcotic and Psychotropic Substances Act,1985, in the absence of Senior most Addl. District & Sessions Judge, vide Notification No.1/46/96-5Judl(1) dated 18.9.2006.
  • To Try cases under the Explosive Substances Act, 1908 5. To dispose of urgent applications.
  • Special Judge under Prevention of Corruption Act, 1988 vide Notification No.1/22/89-3Judl(1)/1664 dated 5.9.2000

Power of Withdrawal of Cases and Appeals by Sessions Judges:

  • According to Section 449(1) of BNSS, a Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him.
  • According to Section 449(2) of BNSS, at any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.
  • According to Section 449(3) of BNSS, where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.

Powers of Judges and Magistrates Exercisable by Their Successors-in Office:

  • According to Section 29(1) of BNSS, subject to the other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.
  • According to Section 29(2) of BNSS, When there is any doubt as to who is the successor-in-office, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office.

Sentences Sessions Judges may Pass:

Section 22(2) of BNSS lays down that a Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

Trial before a Court of Session:

The procedure is discussed in Chapter XIX Sections 248 to 260.

Conclusion:

The term “Session Courts” typically refers to courts of sessions, which are a part of the hierarchical structure of the judiciary. Sessions courts are established in each district or group of districts to handle criminal cases. Session courts have jurisdiction over criminal cases that are not exclusively triable by any other court. They typically handle more serious criminal offenses such as murder, rape, dacoity, etc. Session courts are positioned below the High Courts and above the Magistrate Courts in the judicial hierarchy. Appeals against the decisions of the session courts are generally heard by the respective High Courts of the states or the concerned Union Territory.

The presiding officer of a session court is usually a Sessions Judge who is appointed by the state government in consultation with the High Court. Sessions Judges are usually higher-ranking judicial officers with significant experience. The primary function of session courts is to conduct trials of serious criminal cases. They also have the authority to hear certain civil cases, such as those related to property disputes, where the value of the property exceeds a certain threshold. The trial in a session court is usually more formal compared to the lower magistrate courts, involving examination and cross-examination of witnesses, presentation of evidence, and arguments by the prosecution and defence.

Thus, session courts are an integral part of the Indian judicial system, playing a vital role in dispensing justice at the district level.

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