Section 9 CrPC: Court of Session
Code of Criminal Procedure, 1973
Section 9 CrPC at a Glance
Section 9 CrPC deals with court of Session. From 1 July 2024 it is replaced by Section 8 BNSS.
What Section 9 CrPC Says
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.
ExplanationFor 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.
Source: Section 9, Code of Criminal Procedure, 1973
Section 9 CrPC in Simple Words
Section 9 of the Code of Criminal Procedure, 1973 deals with the Court of Session. The State Government shall establish a Court of Session for every sessions division, and the High Court appoints the Judge who presides over it.
The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges, and may make arrangements for urgent applications when the office of the Sessions Judge is vacant. The court ordinarily sits at the places the High Court notifies, and may sit at another place in the sessions division in a particular case with the consent of the prosecution and the accused.
When Section 9 CrPC Applies
- Under Section 9(1) of the Code of Criminal Procedure, 1973, the State Government shall establish a Court of Session for every sessions division.
- 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.
- 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.
- 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.
- 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.
Example of Section 9 CrPC
When Section 9 CrPC Does Not Apply
- Under Section 9(5) of the Code of Criminal Procedure, 1973, the High Court arranges for a Chief Judicial Magistrate to deal with urgent applications only where the office of the Sessions Judge is vacant and there is no Additional or Assistant Sessions Judge.
- The Court of Session cannot hold its sittings at a place other than the notified place under Section 9(6) CrPC if either the prosecution or the accused does not consent, or if the court is not of opinion that doing so will tend to the general convenience of the parties and witnesses.
- The rules on appointment in the Code 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 that action to be made by the Government under the Explanation to Section 9 CrPC.
Section 9 CrPC Under BNSS 8: What Changed
Section 9 CrPC is now covered under Section 8 BNSS.
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.
View detailed comparison (CrPC 9 vs BNSS 8) →FAQs on Section 9 CrPC
Who establishes a Court of Session and who appoints its Judges under Section 9 CrPC?▼
Under Section 9(1) of the Code of Criminal Procedure, 1973, the State Government shall establish a Court of Session for every sessions division. Once the court is established, the High Court appoints the Judge who presides over the Court of Session under Section 9(2) CrPC. Under Section 9(3) CrPC, the High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.
How are urgent applications handled when the office of the Sessions Judge is vacant under Section 9 CrPC?▼
Where the office of the Sessions Judge is vacant, Section 9(5) of the Code of Criminal Procedure, 1973 allows the High Court to make arrangements for the disposal of any urgent application made or pending before that Court of Session. The arrangement may be for an Additional or Assistant Sessions Judge, or if there is no Additional or Assistant Sessions Judge, a Chief Judicial Magistrate in the sessions division, to dispose of such applications, and every such Judge or Magistrate shall have jurisdiction to deal with them.
Can a Court of Session hold its sittings at a place not notified by the High Court under Section 9 CrPC?▼
Yes. Under Section 9(6) of the Code of Criminal Procedure, 1973, a Court of Session ordinarily holds its sitting at the place or places specified by the High Court by notification. However, in any particular case, if the Court of Session is of opinion that sitting at another place in the sessions division will tend to the general convenience of the parties and witnesses, it may sit there with the consent of the prosecution and the accused to dispose of the case or examine witnesses.
Where is Section 9 CrPC found after the Code of Criminal Procedure, 1973 was replaced?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 9 CrPC is found in Section 8 BNSS. Section 9(1) CrPC to Section 9(6) CrPC map to Section 8(1) BNSS to Section 8(6) BNSS, and the Explanation to Section 9 CrPC maps to the Explanation to Section 8 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·