Section 10 CrPC: Subordination of Assistant Sessions Judges in India

1. Code

Section 10 of the Code of Criminal Procedure, 1973 (CrPC) states: “Every Assistant Sessions Judge shall be subordinate to the Sessions Judge of the District within whose local jurisdiction he is appointed.”

2. Explanation

Section 10 of the CrPC establishes the hierarchical structure within the judicial system, specifically focusing on the relationship between Assistant Sessions Judges (ASJs) and Sessions Judges. It mandates that ASJs are subordinate to the Sessions Judge of the district where they are appointed. This subordination implies:

• Administrative Control: The Sessions Judge has the authority to oversee the administrative functions of ASJs within their jurisdiction, including their workload, assignments, and performance.
• Judicial Supervision: ASJs are subject to the judicial oversight of the Sessions Judge. This means the Sessions Judge can review their decisions, order re-trials, and even set aside their judgments in certain circumstances.
• Appeal Mechanism: Appeals against the judgments of ASJs are generally filed before the Sessions Judge, providing an avenue for higher judicial scrutiny.

3. Illustration

Imagine an ASJ in a district court tries a case and delivers a judgment. If one of the parties is dissatisfied with the judgment, they can appeal to the Sessions Judge of that district. The Sessions Judge, being the superior authority, can review the case, uphold or overturn the ASJ’s decision.

4. Common Questions and Answers

• Q: What happens if an ASJ disobeys the orders of the Sessions Judge?A: This could lead to disciplinary action, including censure, suspension, or even dismissal from service, depending on the severity of the disobedience.
• Q: Can the ASJ directly appeal to a higher court bypassing the Sessions Judge?A: Generally, no. The usual appeal route is to the Sessions Judge first, and then to the higher courts if necessary.
• Q: What are the powers of an ASJ?A: ASJs have significant judicial powers, including trying criminal cases, granting bail, and issuing warrants. Their jurisdiction is generally confined to certain types of cases determined by the law.