Law and You >Procedural Laws > CrPC > Sessions Court and Sessions Judges

The provisions related to subordinate courts are provided in the 6th part of the Indian Constitution. Articles 233-237 deal with the subordinate courts. District courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs.  They form the third level from the top in the hierarchy of Indian Courts. They are courts of the State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level. The district court is also a court of Sessions when it exercises its jurisdiction on criminal matters under the Code of Criminal procedure, 1973. A Civil Court deals with disputes related to civil law, whereas a Sessions Court usually deals with criminal cases. Thus In India, the Court of Sessions, commonly referred to as Sessions Court, has been established by the state government for every sessions division and it is presided over by a Sessions Court judge. The judge is appointed by the High Court of the state.

Judicial independence of each court is the characteristic feature of the district judiciary. In each district, there is a strong bar which ensures that courts decide cases according to law and without fear or favour. The greatest problem of district courts is that of the huge backlog of cases leading to undue delay in deciding cases.

The term criminal court is not defined in the court but the code of criminal procedure, Act 25 of 1861 defined it 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.

Classes of Criminal Courts in India:

Section 6 CrPC:

Classes of Criminal Courts:

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

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

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 (called Metropolitan Magistrates in metropolitan areas).
• Judicial Magistrates of Second Class.
• Executive Magistrates

Constitution of Court of Sessions:

The Court of Sessions commonly referred to as Sessions Court. Section 9 Subsection 1 of the Code of Criminal Procedure, 1973 lays down that for every session State Government shall establish a Session Court. Actually, a district is supposed to be divided in divisions and for each division, there should be a Court of Session. But in the present system, one Court of Session is set for one district. The use of the phrase in the subsection ‘SHALL’ indicates the obligation of the State Government.

Section 9 Subsection 2 of the Code of Criminal Procedure, 1973 lays down that every Court of Session shall be presided over by a Judge, to be appointed by the High Court.

According to provisions of Article 233 clause 1 of the Constitution of India, the appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

Clause 2 of Article 233 of the Constitution of India prescribes the qualifications for the post of Sessions or District Judge. The person to be selected as session judge should not already be in service of the central or state government. A minimum of seven years of practice as a lawyer at the bar is a necessary qualification for direct entry level to become a district judge upon a written examination and oral interview by a committee of high court judges, the appointment of district judges is notified by the state government. This is referred to as direct recruitment. Session Judges are appointed on a seniority basis. The use of the phrase in the subsection ‘SHALL’ indicates the obligation.

Recently a three-judge Bench in the Supreme Court of India led by Justice Arun Mishra declared that subordinate judicial officers cannot apply or compete for direct appointment as District Judge even if they have a previous experience of seven years as an advocate. The only opportunity available for them to be District Judges is through promotion in accordance with the Rules framed under Article 234 and proviso to Article 309 of the Constitution.

Section 9 Subsection 3 of the Code of Criminal Procedure, 1973 lays down that the High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.

In one district there may be many Addition Session Judges but there will only one District and Session Judge.  The Sessions Judge and Additional Sessions Judge has the same powers but Session Judge is the administrative head and controlling authority of the Court of Session. Thus Additional Judge is subordinate to District Judge in administrative matters. Session Judge may assign any of his judicial functions to the Additional Sessions Judge. Additional Sessions Judge to be acquainted with the orders passed by the Session Judge.  The use of the phrase in the subsection ‘MAY’ indicates the discretion of the High Court.

The Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law which includes death sentence and imprisonment for life. Further “when the Court of Session passes a sentence of death it shall not be executed unless High Court confirms it. As per Section 10 of the Code of Criminal Procedure, 1973, the assistant sessions judge shall be subordinate to the Session Judge in whose Court they exercise the jurisdiction.

Section 9 Subsection 4 of the Code of Criminal Procedure, 1973 lays down that 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.

Depending upon the load, the pendency of cases, and urgency, the High Court may appoint the Session judge of one Session Court to another Session Court as Additional Sessions Judge. In that case, the appointed Session Judge may sit at a place or places directed by the High Court for disposal of the case. The use of the phrase in the subsection ‘MAY’ indicates the discretion of the High Court.

Section 9 Subsection 5 of the Code of Criminal Procedure, 1973 lays down that 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. And the Section clears that every such Judge or Magistrate shall have jurisdiction to deal with any such application.

This Subsection is applicable when the Office of the Sessions Judge is vacant and an urgent need of disposal of application which is, or may be, made or pending before such Court of Session arises. In such situation the High Court may make arrangements that such disposal is done by Additional Sessions judge or Assistant Sessions Judge. If Additional Sessions judge or Assistant Sessions Judge are being not appointed then the High Court may ask a Chief Magistrate of the Sessions division to dispose of the matter. The use of the phrase in the subsection ‘MAY’ indicates the discretion of the High Court.

Section 9 Subsection 6 of the Code of Criminal Procedure, 1973 lays down that 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.

Generally, proceedings of Sessions Court take place at the place allotted for its operations. But in a particular case, the Court can conduct its proceedings at a convenient place which will tend to the general convenience of the parties and witnesses. It is to be noted that for such alteration consent of prosecution and accused is required. The use of the phrase in the subsection ‘MAY’ indicates the discretion of the High Court.

In Kehar Singh v. Union of India, AIR 1989 SC 653 held the powers of the High Court under Section 9 Subsection 6 of the Code of Criminal Procedure, 1973, and the proceedings of this case were carried in Tihar Jail..

Jurisdiction of Session Court:

Sessions Court has both original and Apppelate jurisdiction.

 Subordination of Session Court:

According to Aticle 235 of the Constitution of India: “The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law”.

Subordination of Assistant Session Judges:

Section 10 of the Code of Criminal Procedure, 1973:

Subordination of Assistant Sessions Judges:

(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.

(2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.

(3) 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 or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

Section 10 Subsection 1 of the Code of Criminal Procedure, 1973 lays down that All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. The use of the phrase in the subsection ‘SHALL’ indicates the obligation.

Section 10 Subsection 2 of the Code of Criminal Procedure, 1973 lays down that the Session Judge is authorized to make rules from time to time but the condition is that such rules must be consistent with this code. He is also authorized to distribute business among such Assistant Sessions Judges. The use of the phrase in the subsection ‘MAY’ indicates the discretion of the Session Judge.

Section 10 Subsection 2 of the Code of Criminal Procedure, 1973 lays down that 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 or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application. The use of the phrase in the subsection ‘MAY’ indicates the discretion of the Session Judge.

This subsection look Similar to Subsection 5 of Section 9 of this Code. But it is to be noted that in Subsection 5 of Section 9 of the code, the discretion lies with the High Court while in Subsection 3 of Section 10 of the Code discretion lies with the Session Judge.

Sentences Sessions Judges Can Pass:

Section 28 of the Code of Criminal Procedure, 1973:

Sentences which High Courts and Sessions Judges may pass.-

(1) A High Court may pass any sentence authorized by law.

(2) 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.

(3) An Assistant Sessions Judge may pass any sentence authorized by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

Section 28 Subsection 1 of the Code of Criminal Procedure, 1973 lays down that the High Court may pass any sentence authorized by law.

Section 28 Subsection 2 of the Code of Criminal Procedure, 1973 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.

Section 28 Subsection 2 of the Code of Criminal Procedure, 1973 lays down that an Assistant Sessions Judge may pass any sentence authorized by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

Conclusion:

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