Section 10 CrPC: Subordination of Assistant Sessions Judges

Code of Criminal Procedure, 1973

Section 10 CrPC at a Glance

Section 10 CrPC deals with subordination of Assistant Sessions Judges. From 1 July 2024 it is replaced by Section 8(7) BNSS.

Now BNSS

Section 8(7) →

What Section 10 CrPC Says

10. Subordination of Assistant Sessions Judges
(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.
(3) 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 or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

Source: Section 10, Code of Criminal Procedure, 1973

Section 10 CrPC in Simple Words

Section 10 of the Code of Criminal Procedure, 1973 deals with Assistant Sessions Judges. All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.

The Sessions Judge may, from time to time, make rules consistent with the Code as to the distribution of business among them. The Sessions Judge may also make provision for urgent applications to be disposed of, in the event of absence or inability to act, by an Additional or Assistant Sessions Judge or, if there is none, by the Chief Judicial Magistrate.

When Section 10 CrPC Applies

Every Assistant Sessions Judge working in a Court of Session shall remain subordinate to the Sessions Judge of that Court under Section 10(1) of the Code of Criminal Procedure, 1973.
Under Section 10(2) CrPC, the Sessions Judge may, from time to time, make rules consistent with the Code as to the distribution of business among the Assistant Sessions Judges.
When the Sessions Judge is absent or unable to act, the Sessions Judge may under Section 10(3) CrPC arrange for an Additional Sessions Judge or an Assistant Sessions Judge to decide urgent applications.
If there is no Additional or Assistant Sessions Judge, the Sessions Judge may make provision for the Chief Judicial Magistrate to dispose of urgent applications, and under Section 10(3) CrPC every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

Example of Section 10 CrPC

Meera is an Assistant Sessions Judge exercising jurisdiction in the Court of Session where Rajesh is the Sessions Judge. Under Section 10(1) of the Code of Criminal Procedure, 1973, Meera is subordinate to Rajesh. Under Section 10(2) CrPC, Rajesh makes rules consistent with the Code distributing business between Meera and another Assistant Sessions Judge, Dev. Later, Rajesh is unable to act because of illness when Arjun presents an urgent application. Rajesh has made provision under Section 10(3) CrPC for Meera to dispose of urgent applications while Rajesh is unable to act. Meera is deemed to have jurisdiction to deal with the urgent application presented by Arjun.

When Section 10 CrPC Does Not Apply

An Assistant Sessions Judge is not subordinate under Section 10(1) of the Code of Criminal Procedure, 1973 to a Sessions Judge in whose Court that Assistant Sessions Judge does not exercise jurisdiction.
The Sessions Judge has no power under Section 10(2) CrPC to make business distribution rules that are inconsistent with the Code.
Special arrangements under Section 10(3) CrPC do not apply when the application is not an urgent application or when the Sessions Judge is neither absent nor unable to act.
Under Section 10(3) CrPC, provision for the Chief Judicial Magistrate to dispose of urgent applications is made only where there is no Additional or Assistant Sessions Judge.

Section 10 CrPC Under BNSS 8(7): What Changed

Section 10 CrPC is now covered under Section 8(7) BNSS.

From 1 July 2024, Section 10 of the Code of Criminal Procedure, 1973 has no separate section in the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 10(1) CrPC, on the subordination of Assistant Sessions Judges, has no counterpart. Section 8(7) BNSS provides for orders, in place of rules, as to the distribution of business among Additional Sessions Judges, in place of Assistant Sessions Judges. Section 8(8) BNSS provides for urgent applications in the event of absence or inability to act by an Additional Sessions Judge or the Chief Judicial Magistrate, and does not name Assistant Sessions Judges.

View detailed comparison (CrPC 10 vs BNSS 8(7)) →

FAQs on Section 10 CrPC

To whom are Assistant Sessions Judges subordinate under Section 10 CrPC?▼

Under Section 10(1) of the Code of Criminal Procedure, 1973, all Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. Under Section 10(2) CrPC, that Sessions Judge may also make rules consistent with the Code as to the distribution of business among those Assistant Sessions Judges.

How is work distributed among Assistant Sessions Judges under Section 10 CrPC?▼

Under Section 10(2) of the Code of Criminal Procedure, 1973, the Sessions Judge may, from time to time, make rules consistent with the Code as to the distribution of business among the Assistant Sessions Judges who exercise jurisdiction in that Court.

Who can deal with urgent applications when the Sessions Judge is absent or unable to act under Section 10 CrPC?▼

When the Sessions Judge is absent or unable to act, the Sessions Judge may make provision for urgent applications to be disposed of by an Additional Sessions Judge or an Assistant Sessions Judge under Section 10(3) of the Code of Criminal Procedure, 1973. If there is no Additional or Assistant Sessions Judge, the Sessions Judge may make provision for the Chief Judicial Magistrate to handle them. Every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such urgent application.

Where is Section 10 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provisions of Section 10 CrPC are found in Section 8 BNSS. Specifically, Section 10(2) CrPC maps to Section 8(7) BNSS for business distribution among Additional Sessions Judges, and Section 10(3) CrPC maps to Section 8(8) BNSS for urgent applications. Section 10(1) CrPC on the subordination of Assistant Sessions Judges is not carried into Section 8 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·