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.
