CrPC 10 to BNSS 8(7): Subordination of Assistant Sessions Judges

From 1 July 2024, Section 10 of the Code of Criminal Procedure, 1973 is merged into Section 8 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Specifically, Section 10(2) CrPC on the distribution of business by the Sessions Judge becomes Section 8(7) BNSS, and Section 10(3) CrPC on arrangements for urgent applications during the Sessions Judge's absence or inability to act becomes Section 8(8) BNSS. Section 10(1) CrPC on the subordination of Assistant Sessions Judges is omitted and has no corresponding sub-section in Section 8 BNSS.

Section 10(2) of the Code of Criminal Procedure, 1973 empowered the Sessions Judge to make rules from time to time consistent with the Code for distributing business among Assistant Sessions Judges. In Section 8(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Sessions Judge may from time to time make orders consistent with the Sanhita for distributing business among Additional Sessions Judges. Thus, rules becomes orders, Assistant Sessions Judges becomes Additional Sessions Judges, and replacing Code with Sanhita is a change of form.

Section 10(3) of the Code of Criminal Procedure, 1973 allowed the Sessions Judge, in the event of absence or inability to act, to make provision for urgent applications to be disposed of by an Additional or Assistant Sessions Judge, or if there was none, by the Chief Judicial Magistrate. Section 8(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023 names an Additional Sessions Judge or, if there is none, the Chief Judicial Magistrate. Under both, the Judge or Magistrate shall be deemed to have jurisdiction to deal with the application.