Section 7 CrPC: Territorial Divisions

Section 7 of the Code of Criminal Procedure, 1973 prescribed the territorial framework of sessions divisions, districts and sub-divisions for criminal justice administration in a State. This page explains the provision as it stood before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.

Legal status: The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973, subject to the repeal and savings provisions. Section 7 BNSS now deals with territorial divisions. This article preserves and explains Section 7 CrPC for matters in which the former Code remains relevant.

Text of Section 7 of the Code of Criminal Procedure, 1973

7. Territorial divisions.

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts:

Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.

(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 Code shall be deemed to have been formed under this section.

Meaning and scope of Section 7 CrPC

Section 7 formed part of Chapter II of the CrPC, dealing with the constitution of criminal courts and offices. Its purpose was to provide the territorial units within which the criminal court system was organised. The provision linked a sessions division with one district or a group of districts and also permitted districts to be divided into sub-divisions.

Sessions division

A sessions division was the principal territorial unit for the Court of Session. Under Section 7(1), a State could itself constitute one sessions division or could contain several sessions divisions. A sessions division could correspond to a single district or comprise more than one district.

Metropolitan area under the former CrPC

The proviso to Section 7(1) stated that every metropolitan area was to be a separate sessions division and district for the purposes of the CrPC. The concept of a metropolitan area was dealt with in Section 8 CrPC. This proviso is not reproduced in Section 7 BNSS.

Power to alter divisions and districts

Section 7(2) authorised the State Government to alter the limits or number of sessions divisions and districts. The statutory condition was consultation with the High Court. This requirement connected territorial reorganisation of the criminal court structure with the High Court responsible for judicial administration in the State.

District sub-divisions

Under Section 7(3), the State Government could, after consultation with the High Court, divide a district into sub-divisions and alter their limits or number. A sub-division therefore meant a territorial division created within a district for purposes connected with the administration of the Code.

Continuity of existing territorial units

Section 7(4) was a deeming provision. Sessions divisions, districts and sub-divisions already existing when the CrPC commenced were treated as having been formed under Section 7, avoiding the need to recreate each existing territorial unit by a fresh order.

Section 7 CrPC and Section 7 BNSS

Section 7 BNSS retains the basic structure relating to sessions divisions, districts, alteration of territorial limits, district sub-divisions and continuity of existing territorial units. A notable change is that the former CrPC proviso treating every metropolitan area as a separate sessions division and district does not appear in Section 7 BNSS.

Practical reading: For a proceeding governed by the CrPC because of the applicable savings provision, Section 7 CrPC should be read with the other relevant provisions of the former Code. For proceedings governed by the law in force from 1 July 2024, consult the corresponding provisions of the BNSS and applicable notifications or rules.

Related CrPC provisions

Section 7 should be read in context with Section 6 CrPC on classes of criminal courts, Section 8 CrPC on metropolitan areas, Section 9 CrPC on the Court of Session and Section 14 CrPC on local jurisdiction of Judicial Magistrates.

Official legal resources

For the authoritative statutory text and current criminal procedure law, refer to the official India Code and Ministry of Home Affairs resources listed in the sidebar.

This page is an informational explanation of the statutory provision and should be read with the applicable law, amendments, notifications and judicial decisions relevant to the particular proceeding.