Section 8 BNSS: Court of Session

Section 8 BNSS Bare Act 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.

Source: Section 8, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 8 BNSS in Simple Words

When Section 8 BNSS Applies

• 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.
• 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.
• 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.
• 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.
• 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.
• 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.

Example of Section 8 BNSS

When Section 8 BNSS Does Not Apply

• A Chief Judicial Magistrate cannot be assigned urgent applications under Section 8(5) or Section 8(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023 if an Additional Sessions Judge is available in the sessions division.
• The Court of Session cannot sit at a place other than the place notified by the High Court under Section 8(6) BNSS if either the prosecution or the accused withholds consent, or if the court is not of opinion that sitting there will tend to the general convenience of the parties and witnesses.
• The rules on appointment in the Sanhita do not apply to the first appointment, posting, or promotion of a person by the Government to any Union or State service or post where any law requires it to be made by the Government under the Explanation to Section 8 BNSS.

Section 8 BNSS in the CrPC (Previous Law)

FAQs on Section 8 BNSS

Section 8 BNSS: Sub-sections Explained

Sections Related to Section 8 BNSS