Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 8: 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 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.
Brief Detail
Section 8 establishes the framework for the Court of Session under the Bharatiya Nagarik Suraksha Sanhita, 2023. It mandates the establishment of a Court of Session for each sessions division, presided over by a Judge appointed by the High Court. It also provides for the appointment of Additional Sessions Judges, addresses the procedures for handling cases during the vacancy of a Sessions Judge, and specifies the authority of the Sessions Judge in managing business and urgent applications.
Question & Answers
What does Section 8 mandate regarding the establishment of the Court of Session?
Section 8 mandates that the State Government shall establish a Court of Session for every sessions division.
Who presides over the Court of Session?
Every Court of Session shall be presided over by a Judge appointed by the High Court.
What provisions are made for the handling of urgent applications when the Sessions Judge is absent?
If the Sessions Judge is absent, an Additional Sessions Judge or, if there is none, the Chief Judicial Magistrate, may deal with any urgent application, and such Judge or Magistrate shall have jurisdiction over the application.
Example
For example, if a Sessions Judge is unable to attend due to an emergency, the High Court may appoint an Additional Sessions Judge to handle urgent applications during that period, ensuring that the judicial process continues smoothly.
Summary
Section 8 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the establishment and operation of the Court of Session. It details the appointment of judges, the authority to manage urgent applications during vacancies, and the overall structure aimed at facilitating efficient judicial proceedings within sessions divisions.
