Section 214 BNSS: Additional Sessions Judges to try cases made over to them (Formerly Section 194 CrPC)

Section 214 of Bharatiya Nagarik Suraksha Sanhita, 2023: Additional Sessions Judges to try cases made over to them

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

An Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 214

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

High Court or Sessions Direction: Additional Sessions Judge tries cases directed by the High Court or made over by the principal Sessions Judge.
Equivalence of Trial Powers: Possesses the same trial and sentencing powers as the principal Sessions Judge in cases made over.
Absence of Direct Roster Autonomy: Cannot entertain or allocate cases independently without formal transfer from the Sessions Judge.

Key Landmark Precedents:

Kehar Singh v. State (Delhi Administration) (1988) 3 SCC 609: The Supreme Court noted that Additional Sessions Judges exercise full judicial trial powers upon assignment of cases by the Sessions Judge under Section 194 CrPC (Section 214 BNSS).
A.R. Antulay v. R.S. Nayak (1988) 2 SCC 602: Affirmed that judicial distribution by the Sessions Judge ensures administrative discipline across sessions benches.

Courtroom Practice & Strategic Litigation Guidance:

Verify the formal transfer order under Section 214. If a case was directly registered and tried by an Additional Sessions Judge without a make-over order from the principal Sessions Judge, raise procedural defect.