Court of Session
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Summary
Every sessions division must have a Court of Session; its Judge is appointed by the High Court. The High Court may also appoint Additional and Assistant Sessions Judges and assign Judges to sit in other divisions. If the Sessions Judge post is vacant, urgent applications may be heard by an Additional/Assistant Judge or a Chief Judicial Magistrate. The Court normally sits where the High Court notifies but, with prosecution and accused consent, may sit elsewhere in the division for convenience. 'Appointment' excludes a first government appointment, posting or promotion required by law.
Example
Ravi has a criminal matter in his sessions division but the Sessions Judge post is vacant. The High Court authorises an Additional Sessions Judge to hear Ravi's urgent bail application, so the case moves forward without delay. With the prosecution's and Ravi's consent, the Court agrees to sit in a nearer town so witnesses can attend easily.
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 and Assistant 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 or Assistant Sessions Judge, or, if there be no Additional or Assistant 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 Sessions 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.
Explanation
– For the purposes of this Code, “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 Government.
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