Section 9 CrPC: Court of Session – Code of Criminal Procedure Explained


Section 9 CrPC: Court of Session

This section of the Code of Criminal Procedure (CrPC) defines the jurisdiction and powers of the Court of Session in India.

1. The Code

Section 9 of the Code of Criminal Procedure, 1973 states:

“Subject to the provisions of this Code, a Court of Session shall have jurisdiction to try all offences except those which are exclusively triable by a Magistrate.”

2. Explanation

  • The Court of Session is a superior criminal court in India, presided over by a Sessions Judge.
  • This section grants it wide jurisdiction to try all criminal offences, except those specifically reserved for Magistrates under the CrPC.
  • The Court of Session has the power to try all serious offences, including those punishable with death or life imprisonment.
  • It also has the power to hear appeals against judgments and orders of subordinate criminal courts.

3. Illustration

For example, a case of murder, rape, or dacoity would be tried by a Court of Session, as these are offences punishable with serious penalties.

4. Common Questions and Answers

Q: What are the offences exclusively triable by a Magistrate?
A: These are offences that are generally less serious and are listed in the CrPC, such as petty theft, assault, or breach of peace.

Q: Can a Court of Session try any case it wants?
A: No, the CrPC lays down specific rules about which cases can be tried by a Court of Session.

Q: What is the difference between a Court of Session and a Magistrate’s court?
A: A Court of Session is a higher court with greater powers and jurisdiction compared to a Magistrate’s court.

Also Read  CrPC Section 447: Procedure for Insolvency, Death of Surety, or Bond Forfeiture

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