Section 194 CrPC: Powers of Additional and Assistant Sessions Judges in India
1. State the Code
Section 194 of the Code of Criminal Procedure, 1973 (CrPC) deals with the powers
of Additional and Assistant Sessions Judges in India.
2. Explain it
Section 194 empowers Additional and Assistant Sessions Judges with the
same powers and jurisdiction as a Sessions Judge in certain specified
matters. This section aims to:
-
Reduce the workload of Sessions Judges by delegating some of
their responsibilities to Additional and Assistant Sessions Judges. -
Ensure the efficient administration of justice by providing
access to judicial services in a timely manner.
Specifically, Section 194 states that:
-
An Additional Sessions Judge or Assistant Sessions Judge shall have
all the powers of a Sessions Judge in trying cases, passing sentences,
and dealing with appeals and revisions. -
However, these judges may be specifically restricted from trying
certain categories of cases by the High Court. -
They also have the power to perform all the duties imposed on
Sessions Judges by the CrPC.
3. Illustrate it
For example, an Additional Sessions Judge can:
-
Try cases of murder, rape, and dacoity, subject to any
restrictions imposed by the High Court. - Pass sentences in accordance with the law.
- Hear appeals against the decisions of subordinate courts.
4. Common Questions and Answers
Q: Can an Additional Sessions Judge try any case?
A: No. The High Court can restrict the powers of Additional
and Assistant Sessions Judges by excluding certain categories of
cases from their jurisdiction.
Q: What is the difference between a Sessions Judge and an
Additional Sessions Judge?
A: Both have the same powers but Additional Sessions Judges are
appointed to assist the Sessions Judge in dealing with the workload.
They are appointed by the High Court.
Q: Can an Assistant Sessions Judge handle cases related to
terrorism?
A: This is determined by the High Court. Some High Courts may
exclude terrorism cases from the jurisdiction of Assistant Sessions
Judges.
