Section 214 BNSS: Additional Sessions Judges to Try Cases Made Over to Them
Section 214 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies which criminal cases an Additional Sessions Judge may try. Such a Judge may try cases made over by the Sessions Judge of the division through a general or special order, or cases that the High Court directs the Additional Sessions Judge to try by a special order.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It came into force on July 1, 2024, subject to the notified exception relating to the entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.
Text of Section 214 BNSS
214. Additional Sessions Judges to try cases made over to them.
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.
Meaning and scope of Section 214
Section 214 regulates the assignment of trial work to an Additional Sessions Judge. The provision does not itself determine whether an offence is triable by a Court of Session. Instead, once a case is properly before the Sessions Court system, Section 214 identifies the authority through which that case may be assigned to an Additional Sessions Judge for trial.
The section recognizes two routes of assignment: first, a general or special order of the Sessions Judge of the division; and second, a special order of the High Court.
Who is an Additional Sessions Judge?
An Additional Sessions Judge is a Judge appointed to exercise Sessions Court jurisdiction in accordance with the BNSS and the applicable judicial establishment. Section 214 governs the cases that such a Judge is to try when the case is made over or specially directed in the manner stated in the provision.
Power of the Sessions Judge
The Sessions Judge of the division may make over cases to an Additional Sessions Judge for trial. This may be done by either a general order or a special order.
- A general order may regulate assignment of a category or class of cases.
- A special order may concern a particular case or specific assignment.
- The case must be made over for trial to the Additional Sessions Judge.
- The authority under this part of Section 214 belongs to the Sessions Judge of the division.
Power of the High Court
Section 214 separately authorizes the High Court to direct an Additional Sessions Judge to try a case. Unlike the wording relating to the Sessions Judge, the High Court route specified in Section 214 is by special order.
Meaning of "make over"
In this context, "make over" means to assign a case for trial to the Additional Sessions Judge under the statutory distribution of judicial business. It is an assignment of the case to the Judge who is to conduct the trial; it is not a determination of guilt or innocence.
General order and special order explained
| Type of order | Function under Section 214 |
|---|---|
| General order of Sessions Judge | May provide a standing or class-based allocation of cases to an Additional Sessions Judge. |
| Special order of Sessions Judge | May make over a particular case or specified matter to an Additional Sessions Judge for trial. |
| Special order of High Court | May directly require an Additional Sessions Judge to try the case specified in the order. |
Relationship with Section 213 BNSS
Section 213 BNSS lays down the general rule regarding cognizance by a Court of Session as a court of original jurisdiction, ordinarily requiring committal by a Magistrate unless an express statutory exception applies. Section 214 addresses a later and different question: which cases an Additional Sessions Judge may try once they are assigned in accordance with law.
Difference between Section 213 and Section 214
| Provision | Main subject |
|---|---|
| Section 213 BNSS | Cognizance of offences by a Court of Session and the general requirement of committal by a Magistrate. |
| Section 214 BNSS | Assignment of cases for trial to an Additional Sessions Judge by the Sessions Judge or, by special order, the High Court. |
Corresponding provision under the Code of Criminal Procedure, 1973
The broadly corresponding provision under the Code of Criminal Procedure, 1973 was Section 194, titled "Additional and Assistant Sessions Judges to try cases made over to them." Section 214 BNSS is specifically framed in terms of Additional Sessions Judges. For proceedings governed by the earlier Code, the applicable transitional and saving provisions should be considered before relying on a BNSS provision.
Practical importance of Section 214
Section 214 supports orderly distribution of criminal trial work within a sessions division. It makes clear that an Additional Sessions Judge tries cases assigned through the statutory channels specified in the section, thereby linking the exercise of trial jurisdiction with the authorized allocation of cases.
Related BNSS provisions
Section 214 may be read with Section 212 - Making over of cases to Magistrates, Section 213 - Cognizance of offences by Court of Session, and Section 215 - Prosecution in specified cases.
Official legal sources
For the authoritative statutory text and Government information, refer to India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.
This page provides general legal information. Court allocation orders, applicable High Court directions, special statutes, transitional provisions and the facts of the individual case should be checked where relevant.