Section 7 BNSS 2023: Territorial Divisions
Section 7 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the territorial framework used for criminal courts and administration under the BNSS. It deals with sessions divisions, districts and sub-divisions, and identifies the role of the State Government and the High Court in altering their limits or number.
Text of Section 7 BNSS
7. Territorial divisions.
(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.
Meaning of Section 7 BNSS
Section 7 provides the geographic units within which the criminal court structure under the BNSS operates. These territorial units help organise the establishment and local jurisdiction of Courts of Session, Judicial Magistrates and Executive Magistrates under the provisions that follow.
Sessions Division
A State may itself constitute a single sessions division or may be divided into multiple sessions divisions. The Court of Session for a sessions division is dealt with in Section 8 BNSS.
District
For BNSS purposes, every sessions division must be a district or consist of districts. Districts therefore operate as an important territorial unit within the criminal justice structure.
Sub-division
A district may be divided into sub-divisions by the State Government after consultation with the High Court. Their limits or number may also be altered through the same consultative process.
Section 7(1): Sessions Divisions and Districts
Sub-section (1) establishes the basic territorial relationship. A State may be a single sessions division or may contain several sessions divisions. Each sessions division must, for the purposes of the BNSS, either itself be a district or comprise more than one district.
Section 7(2): Alteration of Divisions and Districts
Under sub-section (2), the State Government may alter the limits or the number of sessions divisions and districts. The power is expressly conditioned on prior consultation with the High Court. The provision therefore places territorial reorganisation within a consultative framework involving both the State executive and the High Court.
Section 7(3): District Sub-divisions
Sub-section (3) authorises the State Government, after consultation with the High Court, to divide a district into sub-divisions. The same power extends to altering the limits or number of those sub-divisions.
Section 7(4): Continuity of Existing Territorial Units
Sub-section (4) prevents disruption when the BNSS commences. Sessions divisions, districts and sub-divisions already existing in a State at commencement are deemed to have been formed under Section 7. Existing territorial arrangements therefore continue without requiring fresh constitution solely because the BNSS came into force.
Quick Reference
| Provision | Rule |
|---|---|
| Section 7(1) | Every State is a sessions division or consists of sessions divisions; each sessions division is a district or consists of districts. |
| Section 7(2) | State Government may alter the limits or number of divisions and districts after consultation with the High Court. |
| Section 7(3) | State Government may divide districts into sub-divisions and alter their limits or number after consultation with the High Court. |
| Section 7(4) | Existing sessions divisions, districts and sub-divisions are deemed to have been formed under Section 7. |
Relationship with Other BNSS Provisions
Section 7 follows Section 6 BNSS, which identifies the classes of Criminal Courts. It is followed by Section 8 BNSS, governing the Court of Session, and Section 9 BNSS, concerning Courts of Judicial Magistrates.
Current Legal Status
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force from 1 July 2024, except the notified First Schedule entry corresponding to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.