Appeal to Court of Session how heard
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Summary
An appeal to the Court of Session or to the Sessions Judge is normally heard by the Sessions Judge or an Additional Sessions Judge. An appeal against a conviction after trial by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate. Those subordinate judges can hear only appeals the Sessions Judge of the division delegates by general or special order, or which the High Court specially directs.
Example
Priya is convicted after trial before a Magistrate of the second class and she appeals to the Court of Session. Her appeal can be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate if the Sessions Judge of the division delegates the case or the High Court orders it.
Bare Act
Enacted text(1) Subject to the provisions of Sub-Section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:
Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.
(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.
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