Section 214 of BNSS, 2023 — Additional Sessions Judges to Try Cases Made Over to Them

Introduction

Section 214 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the power and jurisdiction of Additional Sessions Judges to try cases that are made over to them by the Sessions Judge.

The provision ensures that an Additional Sessions Judge can exercise trial jurisdiction over cases assigned to them by the Sessions Judge or under the applicable distribution arrangement.

It is an important provision concerning the allocation of criminal trials within the Sessions Court structure.

Meaning of Section 214

Section 214 provides that an Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to them for trial, or as the High Court may, by special order, direct them to try.

The provision therefore recognises two principal ways in which cases may come before an Additional Sessions Judge:

1. Cases made over by the Sessions Judge through a general or special order.
2. Cases directed to be tried by the Additional Sessions Judge through a special order of the High Court.

Object and Purpose

The main purpose of Section 214 is to facilitate the efficient distribution of Sessions cases among Judges competent to conduct such trials.

The provision:

• enables Sessions Judges to distribute cases among Additional Sessions Judges;
• permits the High Court to direct an Additional Sessions Judge to try a particular case;
• ensures that Additional Sessions Judges exercise jurisdiction over cases properly assigned to them;
• promotes the efficient functioning of the Sessions Court system.

Statutory Basis

Section 214 operates within the Sessions Court structure.

An Additional Sessions Judge does not ordinarily receive cases independently merely by virtue of holding that office. Cases are assigned to the Judge through the mechanisms recognised by the provision.

The two authorities involved are:

Sessions Judge

The Sessions Judge of the division may make over cases to an Additional Sessions Judge by:

• general order; or
• special order.

High Court

The High Court may, by special order, direct an Additional Sessions Judge to try a particular case.

Essential Elements

1. Additional Sessions Judge

The provision specifically concerns the trial jurisdiction of an Additional Sessions Judge.

2. Case Must Be Made Over or Directed

The case must be properly assigned to the Additional Sessions Judge.

3. General or Special Order of Sessions Judge

The Sessions Judge may distribute cases through a general or special order.

4. Special Order of High Court

The High Court may directly direct an Additional Sessions Judge to try a case through a special order.

5. Trial of the Assigned Case

Once the case is properly assigned or directed to the Additional Sessions Judge, the Judge may conduct the trial in accordance with the BNSS.

Role of the Sessions Judge

The Sessions Judge has an important administrative and judicial role in distributing Sessions cases.

Under Section 214, the Sessions Judge of the division may make over cases to an Additional Sessions Judge through a general or special order.

This mechanism allows the workload of the Sessions Court to be distributed among multiple Judges.

Role of the High Court

The High Court has a separate power under Section 214.

It may, by special order, direct an Additional Sessions Judge to try a particular case.

Therefore, the provision recognises both the ordinary case-allocation authority of the Sessions Judge and the supervisory authority of the High Court.

General Order and Special Order

General Order

A general order can establish a broader arrangement for allocation of cases to an Additional Sessions Judge.

It may cover a category of cases or a defined distribution of judicial work.

Special Order

A special order relates to a particular case or specific circumstance.

Both the Sessions Judge and the High Court are recognised as having powers to issue orders under the provision, although the nature of the authority differs.

Procedure

The basic operation of Section 214 can be understood as follows:

1. A case falls within the jurisdiction of the Sessions Court.
2. The Sessions Judge may make over the case to an Additional Sessions Judge through a general or special order.
3. Alternatively, the High Court may issue a special order directing the Additional Sessions Judge to try the case.
4. The Additional Sessions Judge conducts the trial in accordance with the BNSS.
5. The case is adjudicated according to the applicable rules governing Sessions trials.

Section 214 and Case Allocation

Section 214 is primarily concerned with the allocation of cases within the Sessions Court hierarchy.

It does not itself create a new offence or prescribe a punishment.

Its purpose is procedural and institutional: it determines how cases may be assigned to Additional Sessions Judges for trial.

Section 214 and Jurisdiction

An Additional Sessions Judge is a judicial officer exercising Sessions Court jurisdiction.

Section 214 provides the procedural basis for the Additional Sessions Judge to try cases that are properly made over or assigned to them.

The provision therefore helps establish the connection between the case and the particular Judge who will conduct the trial.

Important Distinctions

Section 214 vs Section 213

Section 213 deals with cognizance of offences by the Court of Session.

Section 214 deals with cases to be tried by Additional Sessions Judges after they are properly made over or assigned.

Section 214 vs Section 212

Section 212 concerns the making over of cases to Magistrates.

Section 214 concerns the assignment of Sessions cases to Additional Sessions Judges.

Thus, the two provisions operate at different levels of the criminal court hierarchy.

Section 214 vs General Transfer Provisions

Section 214 concerns the allocation of cases to Additional Sessions Judges within the Sessions Court structure.

It should not be confused with general provisions dealing with transfer of criminal cases between courts.

BNSS and CrPC

Section 214 of BNSS substantially corresponds to Section 194 of the CrPC, 1973.

The core principle remains the same: an Additional Sessions Judge tries cases made over by the Sessions Judge of the division through a general or special order, or cases directed by the High Court through a special order.

Thus, the BNSS continues the established framework for distributing Sessions trials among Additional Sessions Judges.

Relationship with Section 213

Section 213 provides the general rule regarding cognizance by the Court of Session.

Once a case is properly before the Sessions Court, Section 214 deals with the allocation of the case to an Additional Sessions Judge for trial.

Therefore:

• Section 213: concerns cognizance by the Court of Session.
• Section 214: concerns trial by an Additional Sessions Judge of cases assigned to them.

Relationship with Sessions Trial Provisions

Section 214 should also be understood alongside the provisions governing the actual conduct of Sessions trials.

The provision determines who may try the case, while the subsequent Sessions trial provisions regulate how the trial is conducted.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 (BNS) primarily deals with offences and punishments.

The BNSS establishes the procedural framework for criminal proceedings.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the law of evidence.

Section 214 is a procedural provision concerning the assignment of cases to Additional Sessions Judges and does not itself determine the substantive offence, punishment or evidentiary rules.

Important BNSS Provisions

• Section 213 — Cognizance of offences by Court of Session.
• Section 214 — Additional Sessions Judges to try cases made over to them.
• Section 215 — Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
• Section 232 — Commitment of case to Court of Session when offence is triable exclusively by it.
• Section 248 onwards — Provisions relating to the commencement and conduct of Sessions trials.

Common Confusions

Can an Additional Sessions Judge choose any case to try?

No.

The case must be properly made over by the Sessions Judge or directed to be tried by the High Court in accordance with Section 214.

Can the Sessions Judge assign cases to an Additional Sessions Judge?

Yes.

The Sessions Judge of the division may make over cases through a general or special order.

Can the High Court direct an Additional Sessions Judge to try a case?

Yes.

The High Court may, by special order, direct an Additional Sessions Judge to try a case.

Does Section 214 itself determine guilt?

No.

It only concerns the assignment and trial of cases by an Additional Sessions Judge.

Is Section 214 applicable to Magistrates?

No.

It specifically concerns Additional Sessions Judges. The making over of cases to Magistrates is dealt with separately under Section 212.

Example

Suppose a Sessions Court has several cases pending for trial and an Additional Sessions Judge is functioning in the same Sessions division.

The Sessions Judge may, through a general or special order, make over certain cases to the Additional Sessions Judge.

The Additional Sessions Judge can then conduct the trials of those cases.

Alternatively, if the High Court considers it appropriate, it may issue a special order directing the Additional Sessions Judge to try a particular case.

Topic at a Glance

• Topic: Additional Sessions Judges to try cases made over to them
• BNSS Section: Section 214
• Primary authority: Sessions Judge of the division
• Method: General or special order
• High Court power: May direct an Additional Sessions Judge through a special order
• Purpose: Allocation of Sessions cases for trial
• CrPC counterpart: Section 194 of the CrPC, 1973
• Nature: Procedural provision concerning Sessions trial allocation

Quick Revision

• Section 214 BNSS deals with cases to be tried by Additional Sessions Judges.
• The Sessions Judge of the division may make over cases to an Additional Sessions Judge.
• The making over may be through a general or special order.
• The High Court may also direct an Additional Sessions Judge to try a case by special order.
• The provision concerns trial jurisdiction and case allocation.
• It does not itself determine guilt or punishment.
• Section 214 is different from Section 212, which deals with making over cases to Magistrates.
• Section 214 substantially corresponds to Section 194 CrPC.

ALSO READ: Section 213 – Cognizance of offences by Court of Session

Conclusion

Section 214 of BNSS provides the mechanism through which cases may be assigned to Additional Sessions Judges for trial. It allows the Sessions Judge of the division to make over cases through general or special orders and also permits the High Court to direct an Additional Sessions Judge to try a case through a special order. The provision supports the effective distribution of Sessions trials and ensures that cases are tried by Judges properly authorised to handle them.