Section 8 of the BNSS, 2023 (Court of Session)

Section 8 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides the operational and administrative framework for the Court of Session, which is the highest criminal court in a district. This section is a prime example of the BNSS’s effort to streamline the judiciary by merging and refining the provisions previously found in Sections 9 and 10 of the CrPC.

The most best visible change in this section is the abolition of the post of Assistant Sessions Judge, a move designed to simplify the judicial hierarchy and ensure that serious crimes are handled by experienced top-tier judges.

Establishment and Appointment (Sub-sections 1, 2, and 3)

The creation of the court and the selection of its presiding officers are divided between the State Government and the High Court to maintain a balance of power.

• Establishment: The State Government is mandated to establish a Court of Session for every sessions division.
• Presiding Judge: Every Court of Session must be presided over by a Sessions Judge, who is appointed by the High Court.
• Additional Judges: To manage a high volume of cases, the High Court may also appoint Additional Sessions Judges.
• The BNSS Shift: Unlike the old CrPC, the BNSS has removed all references to “Assistant Sessions Judges.” All matters previously handled by them will now be managed by Additional Sessions Judges or the Sessions Judge, ensuring more uniform expertise.

Also Read: How to Draft a Bail Application

Jurisdictional Flexibility (Sub-sections 4 and 6)

The BNSS allows for administrative flexibility to ensure that judicial resources are used in the best possible way across different territories.

Multi-Division Jurisdiction

A Sessions Judge of one division can be appointed as an Additional Sessions Judge of another division. This allows the High Court to address judge shortages or specific case requirements in neighboring districts effectively.

Sitting of the Court

• Ordinary Sitting: The Court ordinarily sits at the place specified by the High Court via notification.
• Convenience Sitting: If the Judge believes it would serve the general convenience of parties and witnesses, they may hold sittings elsewhere within the division.
• Condition: This requires the consent of both the prosecution and the accused. This provision is highly beneficial for cases involving many witnesses in remote areas.

Management of Vacancies and Urgent Applications (Sub-sections 5 and 8)

To ensure that the “wheels of justice” do not stop when a judge is absent or the office is vacant, the BNSS provides a clear chain of command for urgent applications (such as bail or stay orders).

Note: The Chief Judicial Magistrate (CJM) only exercises this jurisdiction if no Additional Sessions Judge is available in the division.

Distribution of Business (Sub-section 7)

The Sessions Judge acts as the administrative head of the district’s criminal judiciary. They have the power to make orders regarding the distribution of business among the Additional Sessions Judges. This ensures an optimized workload and prevents the backlog of cases in specific courts.

Also Read: How to Draft an Anticipatory Bail Application

Key Changes: BNSS Section 8 vs. CrPC Sections 9 & 10

Rationale: The Removal of “Assistant Sessions Judges”

The removal of this cadre is a proven reform intended to:

• Reduce Complexity: Litigants no longer need to navigate three tiers of “Sessions” authority.
• Enhance Judicial Quality: By ensuring only Sessions and Additional Sessions Judges handle heinous crimes, the law maintains a high standard of adjudication.
• Speedy Trial: Removing an intermediate tier simplifies the committal process and the distribution of cases.