Section 9 CrPC - Court of Session
Section 9 of the Code of Criminal Procedure, 1973 dealt with the establishment and constitution of the Court of Session in every sessions division. It prescribed who would preside over the Court, appointment of Additional Sessions Judges and Assistant Sessions Judges, arrangements during a vacancy in the office of the Sessions Judge, and the place at which a Court of Session could sit.
Meaning and Scope of Section 9 CrPC
A Court of Session is the principal criminal court at the sessions division level. Section 9 required the State Government to establish a Court of Session for every sessions division. The Court was presided over by a Sessions Judge appointed by the High Court.
The provision also authorised the High Court to appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session. It therefore formed an important part of the institutional structure of criminal courts created by Chapter II of the Code of Criminal Procedure, 1973.
| Provision | Section 9, Code of Criminal Procedure, 1973 |
|---|---|
| Chapter | Chapter II - Constitution of Criminal Courts and Offices |
| Subject | Court of Session |
| Established by | State Government for every sessions division |
| Presiding Judge | Sessions Judge appointed by the High Court |
| Other Judges under CrPC | Additional Sessions Judges and Assistant Sessions Judges |
| Present corresponding law | Section 8 of the Bharatiya Nagarik Suraksha Sanhita, 2023 |
Section 9 CrPC - Statutory Provision
Section 9(1): The State Government shall establish a Court of Session for every sessions division.
Section 9(2): Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
Section 9(3): The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.
Section 9(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.
Section 9(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 or Assistant Sessions Judge, or, if there be no Additional or Assistant 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.
Section 9(6): The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify. In a particular case, where the Court considers that the general convenience of the parties and witnesses would be served by sitting at another place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for disposal of the case or examination of witnesses.
Explanation: For the purposes of the Code, the expression "appointment" does not include the first appointment, posting or promotion of a person by the Government to any service or post connected with the affairs of the Union or a State where, under law, such appointment, posting or promotion is required to be made by the Government.
Section 9(1) - Establishment of Court of Session
Section 9(1) imposed a statutory duty upon the State Government to establish a Court of Session for every sessions division. The expression "sessions division" was connected with the territorial divisions contemplated by Section 7 CrPC.
Accordingly, the territorial organisation of a State into sessions divisions provided the geographical foundation for establishment of Courts of Session.
Section 9(2) - Appointment of Sessions Judge
Under Section 9(2), every Court of Session was required to be presided over by a Judge appointed by the High Court. The provision thus vested the appointment of the Judge presiding over the Court of Session in the High Court.
Section 9(3) - Additional and Assistant Sessions Judges
Section 9(3) authorised the High Court to appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.
The position of Assistant Sessions Judges was further dealt with by Section 10 CrPC, which concerned their subordination.
Section 9(4) - Sessions Judge Acting in Another Division
Section 9(4) enabled the High Court to appoint the Sessions Judge of one sessions division as an Additional Sessions Judge of another sessions division. The High Court could also direct the place or places in the other division at which such Judge could sit for disposal of cases.
Section 9(5) - Vacancy in Office of Sessions Judge
Section 9(5) provided an arrangement for urgent judicial business where the office of the Sessions Judge was vacant. The High Court could arrange for an urgent application to be dealt with by an Additional Sessions Judge or Assistant Sessions Judge.
If neither was available, the High Court could arrange for the Chief Judicial Magistrate of the sessions division to deal with the urgent application. The provision expressly conferred jurisdiction upon the Judge or Magistrate acting under such arrangement.
Section 9(6) - Place of Sitting of Court of Session
The ordinary place or places at which a Court of Session sat were to be specified by the High Court through notification.
Section 9(6), however, permitted flexibility in an individual case. If the Court considered another place within the sessions division more convenient for the parties and witnesses, it could sit there for disposal of the case or examination of witnesses, subject to the consent of both the prosecution and the accused.
Meaning of "Appointment" in Section 9
The Explanation to Section 9 clarified the meaning of "appointment" for the purposes of the Code. It excluded the first appointment, posting or promotion of a person by the Government to a Union or State service or post where the applicable law required the Government itself to make that appointment, posting or promotion.
Section 9 CrPC and Section 8 BNSS
For current criminal procedure, the principal corresponding provision is Section 8 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The basic framework of a Court of Session continues, including establishment of a Court of Session for every sessions division, appointment of the presiding Judge by the High Court and appointment of Additional Sessions Judges.
An important structural difference is that Section 9(3) CrPC expressly referred to both Additional Sessions Judges and Assistant Sessions Judges, whereas Section 8(3) BNSS refers to Additional Sessions Judges and does not retain the category of Assistant Sessions Judges in that provision.
State Amendments to Section 9 CrPC
West Bengal
In its application to West Bengal, provisos were added to Section 9(3). They provided, notwithstanding anything to the contrary in the Code, for specified Additional Sessions Judges in a sub-division other than the sub-division where the headquarters of the Sessions Judge were situated to exercise powers of the Sessions Judge for specified provisions of the Code.
The specified provisions included Section 116(7), Sections 193 and 194, Section 209(a), and Sections 409, 439 and 449 CrPC. The amendment further provided that these powers would not derogate from powers otherwise exercisable by an Additional Sessions Judge or Sessions Judge.
Reference: West Bengal Act 24 of 1988, Section 3.
Orissa
The Orissa amendment added provisos to Section 9(3) concerning an Additional Sessions Judge exercising jurisdiction in a district or subdivision other than the district or subdivision in which the headquarters of the Sessions Judge were situated.
For the purposes specified in the State amendment, such Additional Sessions Judge could exercise the powers of the Sessions Judge in respect of cases and proceedings in criminal courts within that district or subdivision.
The amendment referred to Section 116(7), Sections 193 and 194, Section 209(a), and Sections 409 and 449 CrPC. It further clarified that those powers were not in derogation of powers otherwise exercisable by an Additional Sessions Judge or Sessions Judge.
Reference: Orissa Act 6 of 2004, Section 2.
Uttar Pradesh
Section 9 was also subject to State amendments in Uttar Pradesh. These included provisions concerning assumption of charge of the office of the Sessions Judge in circumstances such as death, resignation, removal, transfer, incapacity or absence, as well as provisions relating to the place at which the Court of Session could sit in particular circumstances.
State-specific amendments should therefore be checked whenever Section 9 CrPC is being applied to proceedings arising within a State having an applicable amendment.
Related CrPC Provisions
Section 9 formed part of Chapter II of the Code dealing with the constitution of criminal courts and offices. It should be read with Section 7 CrPC on territorial divisions, Section 8 CrPC on metropolitan areas, Section 10 CrPC on subordination of Assistant Sessions Judges and Section 11 CrPC on Courts of Judicial Magistrates.