Section 8 BNSS: Court of Session (Formerly Section 9 CrPC)

Section 8 of Bharatiya Nagarik Suraksha Sanhita, 2023: Court of Session

Official Bare Act Text

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

(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.

Legal Commentary & Landmark Judgments: Section 8

Section 8 mandates the establishment of a Court of Session for every sessions division, presided over by a Sessions Judge appointed by the High Court.

Establishment of Court of Session: State Government establishes a Court of Session for every sessions division.
High Court Appointment: Presiding Sessions Judge and Additional Sessions Judges are appointed exclusively by the High Court.
Sitting of Court: Court of Session ordinarily holds sittings at places notified by the High Court, but may sit at other places with consent of prosecution and accused.

Key Landmark Precedents:

Kehar Singh v. State (Delhi Administration) (1988) 3 SCC 609: The Supreme Court held that holding a trial inside Tihar Jail rather than the ordinary court complex was permissible under Section 9 CrPC (Section 8 BNSS) in exceptional public safety situations.
State of Karnataka v. K. Gopala (1996) 2 SCC 528: Affirmed that Additional Sessions Judges exercise the same judicial trial powers as the principal Sessions Judge once cases are formally assigned.

Courtroom Practice & Strategic Litigation Guidance:

In high-risk trials where the state seeks a jail trial or remote trial, ensure that reasons of public safety or witness protection are explicitly recorded by the High Court under Section 8(6).