Code
(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 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 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.
(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.
(7) 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.
(8) 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.
Explanation.—For the purposes of this Sanhita, “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 the Government.
Explanation:
- Sub-section (1): Mandates the State Government to set up a Court of Session for each sessions division.
- Sub-section (2): Specifies that each Court of Session must be presided over by a Judge appointed by the High Court.
- Sub-section (3): Allows the High Court to appoint Additional Sessions Judges who can also exercise jurisdiction in the Court of Session.
- Sub-section (4): Permits the High Court to appoint a Sessions Judge from one division as an Additional Sessions Judge in another division, allowing them to preside over cases in the designated locations.
- Sub-section (5): Provides for handling urgent applications in the absence of a Sessions Judge. In such cases, an Additional Sessions Judge or a Chief Judicial Magistrate can handle these applications.
- Sub-section (6): Determines that the Court of Session will generally hold its sittings in locations specified by the High Court. However, it allows for the Court to hold sittings in other locations within the sessions division with the consent of the prosecution and the accused.
- Sub-section (7): Authorizes the Sessions Judge to make orders regarding the distribution of work amongst Additional Sessions Judges.
- Sub-section (8): Outlines the process for handling urgent applications in the event of the Sessions Judge’s absence or inability to act. An Additional Sessions Judge or the Chief Judicial Magistrate can handle these applications.
- Explanation: Clarifies that the term “appointment” in this section does not include the initial appointment, posting, or promotion of a person to a service or post related to the Union or State government, as these are governed by separate laws.
Illustration: Court Of Session
Imagine a scenario where the Sessions Judge of a particular sessions division is on leave. An urgent bail application is filed in the Court of Session. Based on Sub-section (5) of this code, the High Court could authorize an Additional Sessions Judge or the Chief Judicial Magistrate of that division to hear and decide on the bail application.
Common Questions and Answers:
Q: Who appoints the Judges in a Court of Session?
A: The Judges are appointed by the High Court.
Q: Can a Sessions Judge from one division preside over cases in another division?
A: Yes, the High Court can appoint a Sessions Judge to act as an Additional Sessions Judge in another division.
Q: What happens if the Sessions Judge is unavailable?
A: In the event of the Sessions Judge’s absence or inability to act, an Additional Sessions Judge or the Chief Judicial Magistrate can handle urgent applications.
