Bharatiya Nagarik Suraksha Sanhita (BNSS): Section 8
This section of the BNSS Code deals with the establishment and functioning of Courts of Session.
1. Code: Court Of Session
Bharatiya Nagarik Suraksha Sanhita (BNSS) Code Section 8
2. 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.
3. 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.
4. 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.
