Introduction of Section 7 of BNSS
Section 7 of BNSS talks about how every state in India is divided into territorial areas for criminal courts. These include sessions divisions, districts, and sub-divisions. This helps courts and police work better by assigning clear areas to them. The State Government can change these areas but must take advice from the High Court. This structure makes justice easier to manage and access.
What is BNSS Section 7 ?
BNSS Section 7 explains how every state in India is divided into sessions divisions, districts, and sub-divisions for the purpose of criminal justice. These divisions help courts and authorities manage legal matters effectively. The State Government can change these boundaries with the approval of the High Court.
BNSS Section of 7 in Simple Points
1) States Are Divided into Sessions Divisions
Under BNSS Section 7(1), every Indian state is either one sessions division or consists of many sessions divisions. A sessions division is an area where a Sessions Court has jurisdiction. These divisions help organize the judicial structure and ensure that cases are handled within fixed geographical limits. It simplifies the working of Sessions Courts by assigning specific areas to them. This also allows proper allocation of resources like judges and staff in every division. This is the base of the territorial criminal court structure in India.
2) Sessions Divisions Are Treated as Districts
Each sessions division is treated as a district or is made up of multiple districts. This allows coordination between the sessions courts and district administration. By defining districts clearly, courts can handle cases based on territorial jurisdiction. This helps in smooth trial, investigation, and enforcement of justice. It ensures cases are tried in courts closest to where the offence occurred. It also helps police and magistrates to coordinate better.
3) State Government Can Change Divisions or Districts
According to Section 7(2), the State Government can change the number or area of sessions divisions and districts. However, they must first consult with the High Court before doing this. This ensures that changes are not made randomly and that the judiciary agrees with them. This power allows flexibility in growing states or areas with increasing population. For example, if a district gets too large, it can be split for better case management.
4) Districts Can Be Divided into Sub-Divisions
Under Section 7(3), the State Government can divide a district into sub-divisions, again with the High Court’s consultation. These sub-divisions allow better administration in large districts. A sub-division may have its own magistrates and police stations. This ensures that people from remote areas can access the justice system easily. These divisions also help distribute the workload of magistrates and police fairly across the area.
5) Existing Divisions Will Remain Valid
Section 7(4) says that whatever sessions divisions, districts, or sub-divisions existed before the BNSS started, they will be treated as if they were formed under this new law. This avoids confusion or the need to reorganize the entire judicial setup again. It ensures continuity and smooth transition from the old legal system to the new BNSS-based system. Courts can continue working without interruption, using existing boundaries.
Section 7 of BNSS Overview
BNSS Section 7 explains how every state in India is divided into sessions divisions, districts, and sub-divisions for better management of criminal courts and justice. The state government, after consulting the High Court, can modify these divisions as needed.
1. Each State is a Sessions Division or Has Multiple Divisions
According to BNSS Section 7(1), every Indian state must be treated as a sessions division or consist of multiple sessions divisions. A sessions division is an area where a Sessions Court operates. This ensures that serious criminal matters are handled at the district or sessions level. These divisions are necessary for efficient functioning of courts. Without proper divisions, court management would become difficult. This helps distribute criminal cases evenly across the state. It also allows each area to have its own set of courts.
2. Sessions Division Is Also a District or Has Districts
Every sessions division mentioned in BNSS is either a district itself or consists of many districts. This means the structure is not fixed and can vary from state to state. For example, a small state may have one sessions division for one district. A large state may have one sessions division for many districts. This flexible setup helps courts adjust as per population and case load. It ensures fair access to courts throughout the state.
3. State Government Can Change Divisions
BNSS Section 7(2) gives the State Government power to change the number or limits of sessions divisions or districts. This is important when areas grow, and more courts are needed. The government cannot act alone—it must consult the High Court. This ensures decisions are not political but based on legal and practical needs. For example, if a city expands quickly, the government can divide it into two districts.
4. Consultation with High Court Is Mandatory
The State Government must always consult the High Court before altering sessions divisions, districts, or sub-divisions. This keeps a balance of power and prevents misuse of authority. The High Court can provide legal advice on whether a new division is necessary. This process maintains the quality of justice. It also ensures that legal infrastructure like courts and judges are available in new divisions.
5. Districts Can Be Divided into Sub-Divisions
BNSS Section 7(3) allows the State Government to divide any district into sub-divisions, again after consulting the High Court. Sub-divisions are smaller areas for better case distribution and administrative control. This is helpful in big districts where courts get too many cases. For example, a large district may have multiple police jurisdictions and needs sub-divisions to manage the court cases better.
6.Existing Divisions Will Continue
BNSS Section 7(4) clearly says that all existing sessions divisions, districts, and sub-divisions will continue as they are. There is no need to change them after the BNSS is introduced. This saves time and avoids confusion. Courts and officials will keep working as before. Only changes made officially with High Court consultation will alter the setup. This ensures legal continuity.
7.Helps Manage Case Load Effectively
By dividing states into smaller areas, BNSS Section 7 helps courts manage cases better. If too many cases are coming to one court, new sub-divisions or districts can be created. This prevents delay in trials. It also helps distribute work among judges and staff more evenly. As population grows, more areas may need their own courts. Section 7 allows this flexibility.
8. Improves Access to Justice
Having more sessions divisions, districts, and sub-divisions means people don’t have to travel far to go to court. This is especially helpful in rural and tribal areas. Section 7 supports setting up courts close to the people. It ensures every citizen gets access to the justice system. It also reduces burden on existing courts in busy urban areas.
9. Supports Efficient Policing and Administration
Court divisions under BNSS Section 7 match the police and administrative boundaries. This means police stations, jails, and courts can work in coordination. When one area has too many cases or crimes, the government can respond by dividing it. This keeps law and order under control and improves efficiency. Courts and police can work faster with clearly marked areas.
10. Maintains Legal Structure with Flexibility
BNSS Section 7 shows how India’s legal system is both structured and flexible. It provides a solid legal framework but also gives room to change with time. As cities expand and needs grow, new divisions can be made. The requirement to consult the High Court ensures checks and balances. This system keeps the justice process efficient, fair, and adaptable.
BNSS Section 7
Example 1:
If the state of Maharashtra has 10 sessions divisions and the government wants to create 2 more because of population growth, it can do so after consulting the Bombay High Court.
Example 2:
In a district like Pune, if the caseload is too high, the State Government may divide it into smaller sub-divisions like Pune East and Pune West for better administration.
Section 7 of BNSS Short Information
| Section Part | Description |
|---|---|
| Section 7(1) | Every State is a sessions division or consists of sessions divisions. Each sessions division is also a district or has districts. |
| Section 7(2) | The State Government can change the size or number of divisions and districts, after consulting the High Court. |
| Section 7(3) | The State Government can divide districts into sub-divisions, again after consulting the High Court. |
| Section 7(4) | All existing sessions divisions, districts, and sub-divisions at the start of BNSS will be accepted as valid. |
BNSS Section 7 FAQs
BNSS 7
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