Court of Session
AI Assist
Summary
Every sessions division must have a Court of Session set up by the State Government, normally presided over by a Sessions Judge appointed by the High Court. The High Court can appoint Additional Sessions Judges and direct Judges to sit in other divisions. If the Sessions Judge post is vacant or he is absent, an Additional Sessions Judge or the Chief Judicial Magistrate may deal with urgent applications. The Court sits where the High Court notifies but may sit elsewhere in the division with consent of prosecution and accused, and the Sessions Judge may distribute business among Additional Judges.
Example
Priya is charged with a serious offence and her trial is in the Court of Session for her division. The Sessions Judge is on leave, so an Additional Sessions Judge hears her urgent bail application. If there had been no Additional Sessions Judge, the Chief Judicial Magistrate could have dealt with that urgent application.
Bare Act
Enacted text(1) The State Government shall establish a Court of Session for every sessions division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
(3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.
(7) The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges.
(8) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.
Explanation.-For the purposes of this Sanhita, "appointment" does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by the Government.
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