Section 8 BNSS 2023: Court of Session
Section 8 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the establishment and functioning of the Court of Session. It deals with creation of a Court of Session for each sessions division, appointment of Sessions Judges and Additional Sessions Judges, urgent applications, places of sitting and distribution of business.
Text of Section 8 BNSS
8. Court of Session.
(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.
Meaning and Scope of Section 8
Section 8 is an institutional provision. It determines how a Court of Session is established and administered within each sessions division. It should be read with Section 7 BNSS, which defines the territorial framework of sessions divisions and districts.
Section 8(1): Establishment of the Court of Session
The State Government is required to establish a Court of Session for every sessions division. This connects the territorial division created under Section 7 with the principal Sessions Court functioning for that division.
Sections 8(2) and 8(3): Sessions Judge and Additional Sessions Judges
Every Court of Session must be presided over by a Judge appointed by the High Court. The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in that Court of Session. The provision therefore separates establishment of the court by the State Government from judicial appointments by the High Court.
Section 8(4): Judge Serving Another Sessions Division
A Sessions Judge of one sessions division may also be appointed by the High Court as an Additional Sessions Judge of another division. Where this happens, the Judge may sit at such place or places in the other division as directed by the High Court.
Section 8(5): Vacancy in the Office of Sessions Judge
When the office of the Sessions Judge is vacant, the High Court may arrange for urgent applications to be dealt with by an Additional Sessions Judge. If there is no Additional Sessions Judge, the Chief Judicial Magistrate in the sessions division may be authorised to deal with such urgent applications.
Section 8(6): Place of Sitting
A Court of Session ordinarily sits at the place or places specified by the High Court by notification. In a particular case, however, the Court may sit at another place within the sessions division where this serves the general convenience of parties and witnesses, provided both the prosecution and the accused consent.
Sections 8(7) and 8(8): Distribution of Business and Urgent Applications
The Sessions Judge may distribute business among Additional Sessions Judges through orders consistent with the BNSS. The Sessions Judge may also make arrangements for urgent applications during absence or inability to act, first through an Additional Sessions Judge and, where none is available, through the Chief Judicial Magistrate.
Explanation to Section 8: Meaning of "Appointment"
The Explanation limits the meaning of "appointment" for this section. It excludes the first appointment, posting or promotion of a person by the Government to a service or post connected with the affairs of the Union or a State where the applicable law requires the Government itself to make that appointment, posting or promotion.
Quick Reference
| Provision | Subject |
|---|---|
| Section 8(1) | State Government establishes a Court of Session for every sessions division. |
| Section 8(2) | High Court appoints the Judge presiding over the Court of Session. |
| Section 8(3) | High Court may appoint Additional Sessions Judges. |
| Section 8(4) | Sessions Judge of one division may also serve as Additional Sessions Judge of another division. |
| Section 8(5) | Urgent applications may be reassigned when the Sessions Judge's office is vacant. |
| Section 8(6) | High Court specifies ordinary places of sitting; another place may be used in a particular case with required consent. |
| Section 8(7) | Sessions Judge distributes business among Additional Sessions Judges. |
| Section 8(8) | Arrangements for urgent applications during absence or inability of Sessions Judge. |
Related BNSS Provisions
Section 8 follows Section 6 BNSS, which lists Courts of Session among the classes of Criminal Courts, and Section 7 BNSS, which governs sessions divisions, districts and sub-divisions. It is followed by Section 9 BNSS, dealing with 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.