CrPC 9→BNSS 8

CrPC 9 to BNSS 8: Court of Session

Section 9 CrPC (1973) replaced by Section 8 BNSS (2023)

View CrPC Section 9 →View BNSS Section 8 →

CrPC 9 to BNSS 8 at a Glance

Section 9 CrPC (Court of Session) is now Section 8 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 9 to BNSS 8?

Section 9 of the Code of Criminal Procedure, 1973 became Section 8 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 8(1) BNSS, Section 8(2) BNSS, Section 8(4) BNSS and Section 8(6) BNSS keep the text of the matching CrPC sub-sections. Section 8(3) BNSS and Section 8(5) BNSS do not name Assistant Sessions Judges. Section 8(7) BNSS and Section 8(8) BNSS add provisions on the same subjects as Section 10(2) CrPC and Section 10(3) CrPC, framed for Additional Sessions Judges, with orders in place of rules for the distribution of business.

CrPC 9 vs BNSS 8: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section98
HeadingCourt of SessionSame
Sub-sections6 sub-sections8 sub-sections

CrPC 9 and BNSS 8: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 9, CrPC 1973

9. Court of Session.—(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 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. 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.
BNSS 2023 (in force)

Section 8, BNSS 2023

8. Court of Session.—(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.

When It Applies: CrPC 9 vs BNSS 8

Under CrPC 9
  1. Under Section 9(1) of the Code of Criminal Procedure, 1973, the State Government shall establish a Court of Session for every sessions division.
  2. Under Section 9(2) CrPC, every Court of Session shall be presided over by a Judge appointed by the High Court, and under Section 9(3) CrPC the High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in that court.
  3. The High Court may assign the Sessions Judge of one division to also serve as an Additional Sessions Judge in another division and direct where that Judge may sit to dispose of cases under Section 9(4) CrPC.
  4. When the post of the Sessions Judge is vacant, the High Court may arrange for an Additional or Assistant Sessions Judge, or if there is none, a Chief Judicial Magistrate in the division, to handle urgent applications under Section 9(5) CrPC.
  5. Although the Court of Session ordinarily sits at places notified by the High Court, it may sit elsewhere in the sessions division for a case or witness examination if it is of opinion that doing so will tend to the general convenience of the parties and witnesses and both the prosecution and the accused consent under Section 9(6) CrPC.
Under BNSS 8
  1. Under Section 8(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government shall establish a Court of Session for every sessions division. Under Section 8(2) BNSS it shall be presided over by a Judge appointed by the High Court, and under Section 8(3) BNSS the High Court may also appoint Additional Sessions Judges.
  2. The High Court may appoint the Sessions Judge of one sessions division to also serve as an Additional Sessions Judge of another division and direct the place or places where that Judge may sit to dispose of cases under Section 8(4) BNSS.
  3. When the office of the Sessions Judge is vacant, the High Court may arrange for an Additional Sessions Judge, or if there is none, a Chief Judicial Magistrate in the sessions division, to deal with urgent applications under Section 8(5) BNSS.
  4. The Court of Session ordinarily sits at places notified by the High Court, but in a particular case it may sit at another place in the division to dispose of the case or examine witnesses if it is of opinion that this will tend to the general convenience of the parties and witnesses and both the prosecution and the accused consent under Section 8(6) BNSS.
  5. Under Section 8(7) BNSS, the Sessions Judge may, from time to time, make orders consistent with the Sanhita as to the distribution of business among Additional Sessions Judges.
  6. If the Sessions Judge is absent or unable to act, the Sessions Judge may provide for urgent applications to be disposed of by an Additional Sessions Judge, or if there is none, by the Chief Judicial Magistrate under Section 8(8) BNSS.

What CrPC 9 to BNSS 8 Means in Practice

From 1 July 2024, Section 8(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not provide for appointing Assistant Sessions Judges. Arrangements for urgent applications during a vacancy under Section 8(5) BNSS name an Additional Sessions Judge or, if there is none, a Chief Judicial Magistrate. Distribution of business and arrangements during the absence of the Sessions Judge sit in Section 8(7) BNSS and Section 8(8) BNSS, in the same section as the Court of Session.

FAQs: CrPC 9 to BNSS 8

Where is Section 9 CrPC found from 1 July 2024?▼

From 1 July 2024, Section 9 of the Code of Criminal Procedure, 1973 is found in Section 8 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 9(1) CrPC to Section 9(6) CrPC map to Section 8(1) BNSS to Section 8(6) BNSS. Section 8(7) BNSS and Section 8(8) BNSS deal with the subjects of Section 10(2) CrPC and Section 10(3) CrPC.

What happened to Assistant Sessions Judges in Section 8 BNSS?▼

Under Section 9(3) and Section 9(5) of the Code of Criminal Procedure, 1973, the High Court could appoint Assistant Sessions Judges to exercise jurisdiction in a Court of Session and could arrange for them to dispose of urgent applications when the office of the Sessions Judge was vacant. Section 8(3) and Section 8(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 omit Assistant Sessions Judges, leaving only Additional Sessions Judges and, for urgent applications where there is no Additional Sessions Judge, the Chief Judicial Magistrate.

Where do Section 8(7) BNSS and Section 8(8) BNSS come from?▼

Section 8(7) and Section 8(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023 did not appear in Section 9 of the Code of Criminal Procedure, 1973. They deal with the subjects of Section 10(2) CrPC and Section 10(3) CrPC. Section 10(2) CrPC let the Sessions Judge make rules on the distribution of business among Assistant Sessions Judges, while Section 8(7) BNSS speaks of orders on the distribution of business among Additional Sessions Judges. Section 10(3) CrPC named Additional or Assistant Sessions Judges for urgent applications, while Section 8(8) BNSS names Additional Sessions Judges.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·