Section 7 BNSS: Territorial divisions (Formerly Section 7 CrPC)

Section 7 of Bharatiya Nagarik Suraksha Sanhita, 2023: Territorial divisions

Official Bare Act Text

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

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of districts.

(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.

(3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section.

Legal Commentary & Landmark Judgments: Section 7

Section 7 mandates the territorial organization of criminal courts, requiring every State to be divided into sessions divisions consisting of districts or groups of districts.

Sessions Divisions: Every State shall be divided into sessions divisions, and every sessions division shall, for the purposes of this Sanhita, be a district or consist of districts.
State Consultation: State Government may alter limits or numbers of divisions after consultation with the High Court.
Territorial Legitimacy: Judicial power is territorially anchored; proceedings outside lawful sessions divisions lack inherent territorial competence.

Key Landmark Precedents:

State of U.P. v. Ram Swarup (1974) 4 SCC 764: The Supreme Court noted that the creation and alteration of judicial sessions divisions requires active consultation with the High Court to maintain judicial administration.
K.A. Abbas v. Union of India (1970) 2 SCC 780: Affirmed that judicial administration depends on clearly demarcated territorial boundaries notified by official gazette.

Courtroom Practice & Strategic Litigation Guidance:

In challenge to jurisdiction or trial venue, verify the gazette notification under Section 7. If a court exercises jurisdiction over a police station outside its notified sessions division, move for transfer or quashing.