Section 400 CrPC: Powers of Additional Sessions Judge in India
1. State the Code
Section 400 of the Code of Criminal Procedure (CrPC) 1973 deals with the powers of Additional Sessions Judges in India.
2. Explain it
Section 400 empowers Additional Sessions Judges to exercise the same jurisdiction, powers, and authority as a Sessions Judge in their respective Sessions Divisions. These powers include:
- Trying all offenses that are triable by a Sessions Court
- Hearing appeals from subordinate courts
- Issuing warrants and summons
- Supervising the work of subordinate courts
- Granting bail and other forms of interim relief
- Imposing sentences
- Deciding questions of law and fact
However, there are certain limitations on the powers of an Additional Sessions Judge. They are specifically appointed to assist the Sessions Judge, and their powers may be restricted by the High Court in specific cases.
3. Illustrate it
Imagine a case involving murder. This would typically be tried by a Sessions Court. Under Section 400, an Additional Sessions Judge in the same Sessions Division could also try this case. They would have the same powers as the Sessions Judge to conduct the trial, examine evidence, and pass judgment.
4. Common Questions and Answers
Q: What is the difference between a Sessions Judge and an Additional Sessions Judge?
A: A Sessions Judge is the head of the Sessions Court in a particular division, while an Additional Sessions Judge is appointed to assist the Sessions Judge. Both have the same powers, but the Sessions Judge has overall administrative control.
Q: Can an Additional Sessions Judge hear appeals?
A: Yes, an Additional Sessions Judge has the authority to hear appeals from subordinate courts in their respective Sessions Division.
Q: Can the High Court restrict the powers of an Additional Sessions Judge?
A: Yes, the High Court has the power to restrict the powers of an Additional Sessions Judge in specific cases.
