Section 8 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)

Section 8 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)

8. (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

 

 

Advocate Anoop Verma, Punjab and Haryana High Court, Chandigarh

+91-9463742964

advanoopverma@gmail.com

www.vlaoffice.com/contact-us

 

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