SECTION 8 OF BNSS: A COMPREHENSIVE GUIDE TO THE COURT OF SESSION UNDER INDIA'S NEW CRIMINAL CODE
India's criminal justice system underwent a monumenta
SECTION 8 OF BNSS: A COMPREHENSIVE GUIDE TO THE COURT OF SESSION UNDER INDIA'S NEW CRIMINAL CODE
India's criminal justice system underwent a monumental transformation on July 1, 2024, when the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) officially replaced the colonial-era Code of Criminal Procedure, 1973 (CrPC). Among the many structural changes introduced by this new legislation, Section 8 of the BNSS stands out as one of the most significant provisions governing the constitution and functioning of the Court of Session—the highest criminal court at the district level. This provision doesn't merely replicate the old CrPC framework; it streamlines, modernizes, and restructures the entire hierarchy of session courts to make justice delivery more efficient and accessible.
If you are a law student, legal practitioner, judicial aspirant, or simply someone interested in understanding how India's criminal courts are organized under the new legal regime, this detailed guide will walk you through every aspect of Section 8 of the BNSS. We will explore the exact statutory language, analyze each sub-section in depth, examine the key differences from the old CrPC, discuss recent judicial interpretations, and understand the practical implications of these changes on the ground.
Understanding the Basics: What is Section 8 of the BNSS?
At its core, Section 8 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the establishment, composition, and administrative framework of the Court of Session. This is the court that handles the most serious criminal offences in India—offences punishable with death, imprisonment for life, or imprisonment for a term exceeding seven years. Think of the Court of Session as the backbone of India's district-level criminal judiciary, the forum where justice is dispensed in cases ranging from murder and rape to large-scale economic fraud and terrorism.
The section is strategically placed in Chapter II of the BNSS, which is titled "Constitution of Criminal Courts and Offices." This placement underscores its foundational importance—before any criminal trial can begin, there must first exist a properly constituted court with the jurisdiction and authority to hear it. Section 8 ensures that such courts exist in every sessions division across the country, staffed by qualified judges appointed through a rigorous process, and equipped with the administrative flexibility to function effectively even in challenging circumstances.
The Exact Provisions: Reading Section 8 Word for Word
Let us now examine the exact text of Section 8 as it appears in the Bharatiya Nagarik Suraksha Sanhita, 2023. Understanding the precise statutory language is crucial because every word in a legislative provision carries legal weight and has been carefully chosen by the lawmakers.
Section 8 reads as follows:
(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.
This is the complete, unabridged text of Section 8. Now, let us break down each sub-section and understand what it means in practical terms.
Sub-section (1): The Mandate to Establish Courts of Session
The opening sub-section of Section 8 places a statutory obligation on every State Government to establish a Court of Session for every sessions division within its territory. The use of the word "shall" makes this a mandatory duty, not a discretionary option. The State Government cannot choose to leave a sessions division without a Court of Session.
A "sessions division" is an administrative territorial unit created for judicial purposes. It typically corresponds to a district or a group of districts, depending on the population, caseload, and geographical considerations of the state. The High Court, in consultation with the State Government, determines the territorial limits of each sessions division. This sub-section ensures that no area is left without access to a court capable of trying the most serious criminal offences.
The significance of this provision becomes clear when we consider that the Court of Session is the only court (other than the High Court and Supreme Court) that can try offences punishable with death or imprisonment for life. Without a Court of Session in every division, there would be a serious gap in the criminal justice system, leaving heinous crimes without a proper forum for trial.
Sub-section (2): Appointment of the Sessions Judge
Once the State Government has established the Court of Session, sub-section (2) provides that every such court shall be presided over by a Judge appointed by the High Court. This is a critical provision that ensures judicial independence. The appointment power rests exclusively with the High Court, not with the State Government or the executive branch. This separation is designed to prevent political interference in the selection of judges who will preside over serious criminal trials.
The Sessions Judge is the principal judicial officer of the sessions division. He or she holds a position of immense responsibility, overseeing not just the trial of cases but also the administrative functioning of the criminal courts within the division. The High Court's exclusive power of appointment ensures that only qualified, experienced, and competent judicial officers are entrusted with this role.
The Explanation at the end of Section 8 clarifies that the term "appointment" in this context does not include the first appointment, posting, or promotion of a person by the Government to any service or post. This means that when the Government initially recruits a person into the judicial service or promotes them, that action is not covered by the term "appointment" in Section 8. The High Court's appointment power under this section refers to the specific assignment of a judicial officer to the post of Sessions Judge.
Sub-section (3): Additional Sessions Judges
Sub-section (3) empowers the High Court to appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session. This provision recognizes that a single Sessions Judge may not be sufficient to handle the volume of serious criminal cases in a busy sessions division. Additional Sessions Judges share the judicial workload, ensuring that cases do not languish in backlog for years.
The High Court has complete discretion in deciding how many Additional Sessions Judges to appoint in each division. This decision is typically based on factors such as the pending caseload, the rate of filing of new cases, the complexity of cases, and the availability of judicial officers. In metropolitan areas or districts with high crime rates, there may be several Additional Sessions Judges, while smaller divisions may have only one or none at all.
Here is where we encounter one of the most significant changes introduced by the BNSS. Under the old CrPC, Section 9(3) allowed the High Court to appoint not just Additional Sessions Judges but also Assistant Sessions Judges. The BNSS has completely removed the post of Assistant Sessions Judge from the statutory framework. This abolition is not merely a matter of nomenclature—it represents a fundamental restructuring of the judicial hierarchy.
Sub-section (4): Cross-Divisional Jurisdiction
Sub-section (4) introduces a provision for administrative flexibility that was not as clearly articulated in the old CrPC. It states that the Sessions Judge of one sessions division may be appointed by the High Court to also serve as an Additional Sessions Judge of another division. In such cases, the judge may sit for the disposal of cases at such place or places in the other division as the High Court may direct.
This provision is a practical solution to the problem of judicial shortages and uneven distribution of cases. Imagine a scenario where Division A has a heavy backlog of cases while Division B has relatively fewer cases. Rather than leaving the Sessions Judge of Division B underutilized, the High Court can deploy him or her to also handle cases in Division A. This cross-divisional arrangement ensures optimal use of judicial resources and helps reduce delays in justice delivery.
The High Court's direction regarding the place of sitting is important because it ensures that the judge operates within a clear administrative framework. The judge cannot arbitrarily choose where to sit; the locations are specified by the High Court, maintaining orderly judicial administration.
Sub-section (5): Handling Vacancies in the Office of Sessions Judge
One of the most practical challenges in judicial administration is what happens when the office of the Sessions Judge becomes vacant—whether due to retirement, transfer, promotion, medical leave, or any other reason. Sub-section (5) provides a clear contingency plan for such situations.
If the Sessions Judge's office is vacant, the High Court may make arrangements for the disposal of urgent applications by an Additional Sessions Judge. If there is no Additional Sessions Judge available, the responsibility falls to the Chief Judicial Magistrate of the sessions division. Crucially, the sub-section states that every such Judge or Magistrate "shall have jurisdiction to deal with any such application." This means the jurisdiction is statutory and automatic; it does not require any separate order conferring powers.
The types of "urgent applications" contemplated here include bail applications, applications for stay of proceedings, applications for transfer of cases, and other matters that cannot wait until a new Sessions Judge is appointed. This provision ensures that the wheels of justice do not grind to a halt merely because the Sessions Judge's chair is temporarily empty.
Sub-section (6): Venue of Court Sittings
Sub-section (6) deals with the geographical location where the Court of Session holds its sittings. It establishes two categories of sitting places: ordinary and convenience-based.
- Ordinarily, the Court of Session shall hold its sittings at such place or places as the High Court may specify by notification. This is the default rule—the court operates from its designated headquarters, which is typically the district headquarters or a major town within the sessions division.
- However, the sub-section introduces an important exception for the convenience of parties and witnesses. If the Court of Session is of the opinion that holding sittings at another place within the sessions division would tend to the general convenience of the parties and witnesses, it may do so with the consent of both the prosecution and the accused. This provision is particularly valuable in large rural districts where witnesses may have to travel long distances to reach the court. By bringing the court closer to the people, this provision reduces the burden on witnesses, improves attendance, and ultimately leads to speedier trials.
The requirement of consent from both the prosecution and the accused is a safeguard against arbitrary changes of venue. Neither side can unilaterally demand that the court sit elsewhere; there must be mutual agreement, and the court must be satisfied that the change genuinely serves the general convenience.
Sub-section (7): Distribution of Business Among Additional Sessions Judges
Sub-section (7) recognizes the Sessions Judge as the administrative head of the Court of Session. It empowers the Sessions Judge to make orders, consistent with the BNSS, regarding the distribution of business among Additional Sessions Judges. This is an essential administrative function that ensures an equitable allocation of cases and prevents any single judge from being overwhelmed while others sit idle.
The distribution of business can be done in various ways:
- By subject matter (e.g., one judge handles murder cases, another handles sexual offences)
- By geographical area (e.g., cases from certain police stations)
- By chronological order (e.g., cases filed in a particular period)
- By any other rational system
The Sessions Judge has the flexibility to design a distribution system that works best for the specific circumstances of the division. The phrase "from time to time" indicates that this is not a one-time exercise. The Sessions Judge can periodically review and revise the distribution of business as caseloads change, judges are transferred, or new challenges emerge.
Sub-section (8): Handling Urgent Applications During the Sessions Judge's Absence
Sub-section (8) complements sub-section (5) by addressing situations where the Sessions Judge is absent or unable to act, rather than situations where the office is completely vacant. The mechanism is similar: the Sessions Judge may make provision for urgent applications to be handled by an Additional Sessions Judge, or if none is available, by the Chief Judicial Magistrate.
The key difference from sub-section (5) is that sub-section (8) applies when the Sessions Judge is temporarily absent (for example, on leave, attending training, or indisposed) while sub-section (5) applies when the office itself is vacant (for example, after retirement or transfer before a successor is appointed). Both provisions ensure continuity of judicial function and prevent delays in urgent matters.
The sub-section explicitly states that such Judge or Magistrate "shall be deemed to have jurisdiction to deal with any such application." The word "deemed" is significant—it creates a legal fiction that treats the acting judge or magistrate as having jurisdiction even if, strictly speaking, the ordinary rules of jurisdiction might suggest otherwise. This legal fiction is necessary to prevent technical objections from being raised against orders passed by the acting officer.
The Explanation: Clarifying the Meaning of "Appointment"
The Explanation to Section 8 serves an important clarificatory purpose. It states that for the purposes of the 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 a State, where under any law, such appointment, posting, or promotion is required to be made by the Government.
This Explanation draws a distinction between two types of appointments:
- Administrative appointments by the Government: These include the initial recruitment of a person into the judicial service, their posting to a particular station, and their promotion through the ranks. These are executive functions performed by the Government in accordance with service rules and regulations.
- Judicial appointments by the High Court: These include the specific assignment of a judicial officer to the post of Sessions Judge or Additional Sessions Judge under Section 8. This is a judicial function performed by the High Court to ensure independence from executive interference.
The Explanation ensures that the High Court's appointment power under Section 8 is not confused with or encroached upon by the Government's general administrative powers over the judicial service.
Key Changes from the Old CrPC: What the BNSS Has Done Differently
To fully appreciate Section 8 of the BNSS, one must understand how it differs from the corresponding provisions of the old Code of Criminal Procedure, 1973. The BNSS has not merely renumbered the sections; it has made substantive changes that reflect a modernized approach to judicial administration.
The Abolition of Assistant Sessions Judges
The most visible and debated change is the complete removal of Assistant Sessions Judges from the statutory framework. Under Section 9(3) of the CrPC, the High Court could appoint both Additional Sessions Judges and Assistant Sessions Judges. The BNSS retains only Additional Sessions Judges.
This change is significant for several reasons:
- Simplification of Hierarchy: The old system had three tiers within the Court of Session—Sessions Judge, Additional Sessions Judge, and Assistant Sessions Judge. The BNSS reduces this to two tiers, making the structure simpler and more streamlined.
- Uniformity of Expertise: Assistant Sessions Judges were typically less experienced than Additional Sessions Judges. By abolishing this post, the BNSS ensures that all judges exercising session court jurisdiction meet a uniform standard of experience and competence.
- Administrative Efficiency: Having fewer categories of judges simplifies administrative tasks such as allocation of work, transfer policies, and service conditions.
However, this change has also raised concerns. Critics argue that the abolition of Assistant Sessions Judges may create a bottleneck in the judicial pipeline, as there are now fewer entry points for judicial officers to gain experience in session court work before being promoted to Additional Sessions Judge. Proponents counter that the quality of justice is more important than the quantity of tiers, and that Additional Sessions Judges are better equipped to handle the serious matters that come before session courts.
Consequential Amendments Across the BNSS
The abolition of Assistant Sessions Judges was not an isolated change. It required consequential amendments to numerous other sections of the BNSS to remove references to Assistant Sessions Judges. According to official comparison tables, sections 8, 11, 12, 14, 17, 22, 29, 113, 196, 214, 320, 321, 415, 422, and 436 of the BNSS were all amended to reflect this change.
For example, Section 214 of the BNSS (corresponding to Section 194 of the CrPC) now provides that cases may be made over to Additional Sessions Judges for trial, whereas the CrPC mentioned both Additional and Assistant Sessions Judges. Similarly, Section 422 of the BNSS (corresponding to Section 381 of the CrPC) regarding appeals to the Court of Session now refers only to Additional Sessions Judges.
New Sub-sections (7) and (8)
The BNSS has introduced two new sub-sections—(7) and (8)—that were not present in the CrPC's Section 9. Sub-section (7) explicitly empowers the Sessions Judge to distribute business among Additional Sessions Judges. While this power was implicit in the CrPC as well, making it explicit removes any ambiguity and strengthens the Sessions Judge's administrative authority.
Sub-section (8) provides a specific mechanism for handling urgent applications during the Sessions Judge's absence. The CrPC had a somewhat similar provision in Section 10(3), but the BNSS has refined and clarified it, making the chain of command clearer.
Removal of Metropolitan Magistrate References
While not directly part of Section 8, it is worth noting that the BNSS has abolished the entire concept of Metropolitan Magistrates, which existed in metropolitan areas under the CrPC. This change, reflected in Sections 6, 7, and other provisions, simplifies the court structure by eliminating a separate category of magistrates for big cities. The functions previously performed by Metropolitan Magistrates are now performed by Judicial Magistrates, ensuring uniformity across urban and rural areas.
Recent Case Laws and Judicial Interpretations
Since the BNSS came into force on July 1, 2024, courts have begun interpreting its provisions in real cases. While Section 8 itself has not been the subject of extensive litigation (being a structural provision rather than one that directly affects the rights of accused persons), related provisions concerning the powers of Sessions Judges and Chief Judicial Magistrates have come under judicial scrutiny.
The Delhi High Court on Chief Judicial Magistrate's Powers
One of the most significant recent judgments interpreting provisions related to Section 8 is the Delhi High Court's decision in Sudesh Chhikara v. State (Govt. of NCT of Delhi) & Anr., decided on March 17, 2025 (Crl. M.C. 6572/2024). While this case primarily dealt with Section 450 of the BNSS (corresponding to Section 410 of the CrPC), it has important implications for understanding the administrative hierarchy established under Section 8.
In this case, the petitioner challenged an order passed by an Additional Chief Metropolitan Magistrate (ACMM) transferring a complaint case from one Metropolitan Magistrate to another. The core question was whether the Chief Judicial Magistrate (or Chief Metropolitan Magistrate) has the power to transfer a case from one court to another within its jurisdiction, either on application or suo motu.
Justice Dinesh Kumar Sharma, after an exhaustive analysis of the statutory scheme, held that under Section 450 of the BNSS (and Section 410 of the CrPC), the power conferred upon the Chief Judicial Magistrate is only administrative in nature. The Court of Chief Judicial Magistrate cannot "transfer" a case from one court to another upon an application being moved or suo motu. The power to transfer cases on application by a party interested or for the ends of justice is vested exclusively in the Sessions Judge under Section 448 of the BNSS (corresponding to Section 408 of the CrPC), the High Court under Section 447, and the Supreme Court under Section 446.
The Court observed that the legislature, in its wisdom, had specifically conferred the power of transfer only on the Supreme Court, High Courts, and Sessions Courts. It could not be given by way of inference to the Chief Judicial Magistrate. The law of interpretation does not permit interpreting any provision in a manner that contravenes the intention of the legislature.
The Court further held that the Additional Chief Judicial Magistrate cannot exercise the administrative power of transfer of cases from one court to another within its jurisdiction unless an order is passed by the High Court under Section 10(2) of the BNSS. This is because Section 10(2) provides that an Additional Chief Judicial Magistrate shall have "all or any of the powers" of a Chief Judicial Magistrate "as the High Court may direct." The use of the phrase "all or any" rather than simply "all" indicates that the High Court must specifically confer the powers, and they are not automatic.
This judgment reinforces the administrative hierarchy established under the BNSS, where the Sessions Judge (under Section 8) occupies a pivotal position as the head of the criminal judiciary in the sessions division, with the Chief Judicial Magistrate operating under his administrative supervision for lower courts.
The Supreme Court on Separation of Powers and BNSS
In February 2026, the Supreme Court of India delivered an important judgment in Subeesh P.S. v. Union of India, upholding a provision of the BNSS that allows former Sessions Judges to be appointed as Directors of Prosecution. The petitioner had argued that this provision violated the constitutional mandate of separation of judiciary from the executive.
The Bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi, rejected this challenge. The Court observed that the provision merely prescribed eligibility criteria and did not mandate that a serving Sessions Judge would simultaneously function as a judge and a prosecutor. The Chief Justice remarked, "What is wrong with it? A person who has been a Sessions Judge is better than a practising advocate. What is wrong with that?" The Court held that the only requirement is that the same person should not be a judge and a prosecutor at the same time.
While this case did not directly interpret Section 8, it reflects the Supreme Court's general approach of upholding the BNSS framework unless there is a clear constitutional violation. The Court's willingness to accept experienced judicial officers in prosecutorial roles also indirectly validates the BNSS's emphasis on experience and competence in criminal justice administration—a principle that underlies the restructuring of session courts under Section 8.
Judicial Interpretation of Additional Chief Judicial Magistrate's Powers
The Sudesh Chhikara judgment also discussed the relationship between Chief Judicial Magistrates and Additional Chief Judicial Magistrates under the BNSS. The Court referred to the Supreme Court's decision in R.D. Jain & Co. v. Capital First Ltd. & Ors., (2023) 1 SCC 675, where it was held that Additional Chief Metropolitan Magistrates are at par with Chief Metropolitan Magistrates insofar as the exercise of judicial powers under the CrPC is concerned.
However, the Delhi High Court clarified that this parity extends only to judicial functions, not administrative functions. In relation to administrative functions under the BNSS, the Additional Chief Judicial Magistrate can exercise powers only to the extent directed by the High Court under Section 10(2). This distinction is crucial for understanding how the administrative hierarchy under Section 8 operates in practice.
Practical Implications and Ground-Level Impact
The changes introduced by Section 8 of the BNSS have several practical implications for the functioning of criminal courts in India.
Streamlining of Judicial Resources
By abolishing Assistant Sessions Judges and consolidating all session court work under Sessions Judges and Additional Sessions Judges, the BNSS aims to create a more streamlined and efficient judicial system. All judges handling serious criminal cases now meet a uniform standard of seniority and experience. This reduces the likelihood of procedural errors and ensures that complex cases are handled by judges with adequate expertise.
Continuity of Justice During Vacancies and Absences
Sub-sections (5) and (8) of Section 8 ensure that urgent matters can be dealt with even when the Sessions Judge is unavailable. This is particularly important for bail applications, where delays can result in prolonged pre-trial detention. The clear chain of command—Additional Sessions Judge first, Chief Judicial Magistrate as fallback—prevents confusion and ensures that someone is always available to handle emergencies.
Flexibility in Court Sittings
Sub-section (6) allows the Court of Session to sit at locations other than its ordinary headquarters if it serves the convenience of parties and witnesses. This provision has the potential to significantly improve access to justice in rural and remote areas. For example, in a murder trial where most witnesses are from a village 100 kilometers away from the district headquarters, the court can, with the consent of both sides, hold sittings in the village or a nearby town. This reduces travel costs, improves witness attendance, and speeds up the trial process.
Cross-Divisional Deployment of Judges
Sub-section (4) enables the High Court to deploy judicial resources flexibly across divisions. In states where some divisions have a shortage of judges while others have surplus capacity, this provision allows for better resource allocation without the need for permanent transfers. A Sessions Judge can be assigned to handle cases in another division on a temporary basis, helping to clear backlogs and ensure timely justice.
Challenges and Concerns
Despite its many advantages, Section 8 of the BNSS also presents certain challenges that need to be addressed.
Potential Workload Pressure on Additional Sessions Judges
With the abolition of Assistant Sessions Judges, all the work previously handled by three tiers of judges must now be handled by two tiers. In divisions with heavy caseloads, this could place significant pressure on Additional Sessions Judges. The High Courts will need to monitor workload distribution carefully and appoint sufficient Additional Sessions Judges to prevent burnout and maintain quality.
Transitional Issues for Existing Assistant Sessions Judges
A practical question that arose during the transition from CrPC to BNSS was what happens to judicial officers who were serving as Assistant Sessions Judges under the old system. Since the BNSS does not recognize this post, these officers would need to be re-designated, typically as Additional Sessions Judges or as Judicial Magistrates, depending on their seniority and the requirements of the service. This transition requires careful administrative handling to ensure that no officer is disadvantaged.
Need for Adequate Infrastructure
The provision for holding court sittings at convenient locations under sub-section (6) is laudable, but it requires adequate infrastructure. Courts cannot simply pack up and move to a village without proper facilities—there must be a courtroom, basic office equipment, security arrangements, and connectivity. States will need to invest in mobile court infrastructure or establish satellite court facilities to fully realize the potential of this provision.
Training and Capacity Building
With the restructuring of the court hierarchy under Section 8, there is a need for comprehensive training programs for judicial officers. Additional Sessions Judges who may have previously handled only certain types of cases may now need to handle a broader range of matters. Similarly, Chief Judicial Magistrates who may be called upon to handle urgent session court applications under sub-sections (5) and (8) need to be fully aware of the procedural requirements and substantive law applicable to such matters.
Comparative Analysis: BNSS Section 8 Versus CrPC Sections 9 and 10
To fully grasp the evolution brought about by Section 8 of the BNSS, let us compare it systematically with the corresponding provisions of the CrPC.
Under the CrPC, the Court of Session was governed by Section 9, while the distribution of business and handling of vacancies was governed by Section 10. The BNSS merges these provisions into a single, comprehensive Section 8.
- The CrPC's Section 9(1) and BNSS's Section 8(1) are substantially similar—both mandate the establishment of a Court of Session for every sessions division.
- The CrPC's Section 9(2) and BNSS's Section 8(2) are also similar—both provide for appointment by the High Court.
- The critical difference lies in Section 9(3) of the CrPC versus Section 8(3) of the BNSS. The CrPC allowed appointment of both Additional Sessions Judges and Assistant Sessions Judges. The BNSS allows only Additional Sessions Judges. This seemingly small change has far-reaching consequences for the entire judicial hierarchy.
- The CrPC's Section 9(4) and BNSS's Section 8(4) are substantially similar, both providing for cross-divisional appointments.
- The CrPC's Section 9(5) and BNSS's Section 8(5) both address vacancies, but the BNSS version is clearer and more specific.
- The CrPC's Section 9(6) and BNSS's Section 8(6) both deal with sitting places, with the BNSS version being slightly more detailed.
- The CrPC had no direct equivalent to BNSS Section 8(7); the distribution of business was covered in Section 10(2) of the CrPC. The BNSS makes this provision part of Section 8 itself, giving it greater prominence.
- The CrPC's Section 10(3) addressed urgent applications during the Sessions Judge's absence, which corresponds to BNSS Section 8(8). Again, the BNSS version is more detailed and specific.
Overall, the BNSS has taken the CrPC provisions, reorganized them into a single coherent section, removed outdated elements (Assistant Sessions Judges), and added clarity and specificity where needed.
The Role of the High Court in the BNSS Framework
Section 8 of the BNSS places the High Court at the center of session court administration. The High Court appoints the Sessions Judge and Additional Sessions Judges, specifies the places where courts shall sit, authorizes cross-divisional appointments, and makes arrangements for handling vacancies. This centralization of administrative control in the High Court is consistent with Article 235 of the Constitution, which vests control over district courts in the High Court.
The High Court's role is not merely administrative but also protective of judicial independence. By keeping the appointment power away from the executive and vesting it in the High Court, the BNSS ensures that the selection of judges for the most serious criminal cases remains free from political influence. This is a cornerstone of the independence of the judiciary, which is part of the basic structure of the Constitution.
Conclusion: Section 8 as a Foundation of Criminal Justice
Section 8 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may appear to be a dry, administrative provision dealing with the establishment and staffing of courts. But beneath its technical language lies a carefully crafted framework designed to ensure that every sessions division in India has a robust, functional, and efficient Court of Session capable of dispensing justice in the most serious criminal cases.
The abolition of Assistant Sessions Judges, the introduction of explicit provisions for distribution of business, the clarification of jurisdiction during vacancies and absences, and the flexibility in court sittings all reflect a modern, pragmatic approach to judicial administration. These changes are not merely cosmetic; they have the potential to significantly improve the speed, quality, and accessibility of criminal justice at the district level.
As the BNSS continues to be implemented and interpreted by courts across the country, Section 8 will serve as the foundation upon which the entire edifice of session court justice rests. Legal practitioners, judicial officers, and law students would do well to study this provision carefully, understand its nuances, and appreciate the vision of a streamlined, efficient, and accessible criminal justice system that it embodies.
The journey from the colonial-era CrPC to the modern BNSS is a long one, and Section 8 represents an important milestone on that journey. It preserves the best elements of the old system while eliminating outdated structures and introducing much-needed flexibility. As India's criminal justice system continues to evolve, Section 8 will remain a critical provision ensuring that the Court of Session—the guardian of justice in serious criminal matters—functions effectively in every corner of the nation.
Source Links
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Official PDF) — PRS India
- Section 8 BNSS — Court of Session Explained — Testbook Judiciary Notes
- Section 8 BNSS — Official Statutory Wording — Bharat Samvidhan
- **Section 8 BNSS — Indian Kanoon](https://indiankanoon.org/doc/156721556/)
- Abolition of Assistant Sessions Judge Post Under BNSS — Critical Analysis — LiveLaw
- Section 8 of BNSS — Court of Session Appointments & Hierarchy — LexiBal
- BNSS Section 8 — Court of Session (YouTube Lecture) — Vidhi Judicial Academy
- Comparative Chart: CrPC vs BNSS 2023 — Sheokand Legal
- BNSS Comparison Summary (BPRD Handbook) — BPRD India
- BNSS Handbook — Bharatiya Nagarik Suraksha Sanhita, 2023 — BPRD India
- Sudesh Chhikara v. State (Govt. of NCT of Delhi) — Delhi High Court Judgment, March 17, 2025 — Indian Kanoon
- Delhi HC: Chief Judicial Magistrate Cannot Transfer Case Under Section 450 BNSS — SCC Online
- No Separation of Powers Violation: Supreme Court Upholds BNSS Provision — LawBeat
- Constitution of Criminal Courts Under BNSS — Drishti Judiciary
- **BNSS Section 8 — ApniLaw Bare Act](https://www.apnilaw.com/bare-act/bnss/section-8-bharatiya-nagarik-suraksha-sanhitabnss-court-of-session/)
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