Section 8 of BNSS

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Introduction of Section 8 of BNSS

Section 8 of BNSS explains the structure and function of Courts of Session in each sessions division of a State. It describes how the Sessions Judge and Additional Sessions Judges are appointed, how urgent matters are handled in the judge’s absence, and the flexible functioning of the court. It ensures that serious criminal cases are managed efficiently, even during emergencies. The section also promotes smooth justice delivery at the district level with minimum delays.

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What is BNSS Section 8 ?

BNSS Section 8 defines the structure, appointment, and working of Courts of Session in every sessions division. The State Government sets up the court, and the High Court appoints the judge and any additional judges. The law also provides rules for handling urgent applications if the Sessions Judge is not available.

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BNSS Section of 8 in Simple Points

1. Establishment of Court of Session

The State Government must set up a Court of Session for every sessions division. This court handles serious criminal matters like murder, rape, and dacoity. It is the main trial court for such offences. Without this court, justice in grave cases would be delayed. So, this law makes it compulsory to have a sessions court in each division. This ensures that criminal trials are handled efficiently at the right level. It creates proper legal structure in every state. It ensures uniform justice delivery across regions.

2. Appointment of Judges

The High Court is responsible for appointing the Sessions Judge to preside over the Court of Session. The High Court can also appoint Additional Sessions Judges to assist with the workload. These judges have the same authority to hear cases. This system ensures that experienced judges handle serious criminal cases. The appointments maintain the quality and consistency of the justice system. It helps balance the number of cases with available judges. This leads to faster trials and fair decisions. Judicial independence is also protected.

3. Handling Urgent Matters in Judge’s Absence

If the Sessions Judge is absent or the position is vacant, urgent matters won’t be delayed. The High Court may allow an Additional Sessions Judge or even the Chief Judicial Magistrate (CJM) to handle such matters. This avoids any delay in justice due to administrative reasons. It also protects the rights of people waiting for bail or hearing. The law ensures the court system works continuously. No urgent plea is left pending. Justice remains accessible at all times. Flexibility like this helps the legal process run smoothly.

4. Court’s Location and Movement

Normally, the Court of Session holds its hearings at a place fixed by the High Court. But in certain cases, for the convenience of witnesses or parties, the court can hold sittings at another location in the same sessions division. This can happen only if both the prosecution and accused agree. This rule shows that the law cares about accessibility and fairness. It prevents people from travelling far for every hearing. It also makes justice faster and easier. It reflects a people-friendly judicial approach.

5. Distribution of Work Among Judges

The Sessions Judge can decide how cases are divided among the Additional Sessions Judges. This helps in managing the court’s workload efficiently. It ensures that no judge is overburdened and cases are handled faster. It also allows urgent matters to be assigned even if the main judge is not available. This flexibility in workload improves the speed of trials. It keeps the justice system organised. This rule builds a structured and balanced court environment. Efficient court management benefits both society and victims.

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Section 8 of BNSS Overview

BNSS Section 8 talks about the Court of Session in every sessions division of a state. It explains how the court is established, how judges are appointed, and how urgent matters are handled in the absence of the Sessions Judge. This section ensures that serious criminal cases are handled quickly, even if there are temporary issues with the judge’s availability.

1. Every Sessions Division Must Have a Sessions Court

According to BNSS Section 8(1), the State Government must establish a Court of Session in every sessions division. This means each sessions division (usually covering one or more districts) must have a dedicated court for handling serious criminal cases like murder, dacoity, rape, and kidnapping. These courts deal with offenses that carry higher punishments such as life imprisonment or death. The presence of a Sessions Court in each division helps reduce the burden on higher courts. It ensures justice is easily available at the district level. The idea is to decentralize the criminal justice system for better access. This setup brings courts closer to people. It promotes speedy and fair trial of major offenses.

2. Appointment of Sessions Judge by High Court

Under BNSS Section 8(2), the High Court is responsible for appointing the Sessions Judge for each Court of Session. This ensures that the appointment is independent and free from executive interference. The judge selected is usually a senior and experienced person, qualified to handle complex and serious criminal cases. By giving this authority to the High Court, the provision maintains the principle of separation of powers. The judiciary appoints its own judges to maintain fairness and neutrality. It also ensures that Sessions Judges are appointed purely on merit. This builds public trust in the system. Overall, it strengthens judicial independence.

3. Appointment of Additional Sessions Judges

Section 8(3) of BNSS allows the High Court to appoint Additional Sessions Judges as needed. These judges help manage the workload in a Court of Session by taking up separate criminal cases. With rising crime rates and more pending cases, a single Sessions Judge may not be able to handle everything alone. Appointing more judges helps in faster disposal of cases. It prevents delay in justice, which is a major concern in criminal law. The additional judges have the same powers as the Sessions Judge. They work under the supervision of the main judge. This keeps the system efficient and responsive.

4. Judges Can Be Appointed Across Divisions

BNSS Section 8(4) gives power to the High Court to appoint a Sessions Judge of one division as an Additional Sessions Judge in another division. This helps when one sessions division has more workload while the other has less. It provides flexibility to balance the number of cases between courts. The judge can hold hearings in the other division at places directed by the High Court. This helps in clearing the backlog of cases. It also allows experienced judges to be shared across divisions. This is useful in smaller states where fewer judges are available. It improves overall efficiency.

5. Handling Urgent Applications in Judge’s Absence

If the Sessions Judge’s office is vacant or the judge is not available, Section 8(5) allows the High Court to authorize an Additional Sessions Judge or the Chief Judicial Magistrate (CJM) to handle urgent applications. This includes bail applications, stay orders, and other important matters. The law ensures that such matters are not delayed just because the main judge is absent. This protects the legal rights of the accused and ensures fairness in urgent situations. The authorized judge has full legal power to act. It avoids disruption in the court’s functioning. This arrangement ensures continuity in justice delivery.

6. Flexibility in Court Sitting Location

BNSS Section 8(6) says that the Sessions Court will usually hold its hearings at places notified by the High Court. But, if both the prosecution and accused agree, and it helps the parties and witnesses, the court can sit at any other place in the sessions division. This provision is for the convenience of the people involved in the case. Sometimes, traveling to the regular court location may be difficult for the victim or witnesses. This flexibility helps avoid unnecessary hardship. It also improves participation in trials. It is a people-friendly approach in the legal system.

7. Distribution of Work Among Judges

As per Section 8(7), the Sessions Judge can divide the court’s business among Additional Sessions Judges. This includes assigning them different types of cases or tasks. It helps in smooth functioning of the court and better use of judicial resources. This division of work avoids overburdening one judge while another has fewer cases. It also speeds up the trial process by handling multiple cases at the same time. This power to distribute work is very important in managing large case loads. The main judge oversees the process. This keeps the system fair and organized.

8. Making Emergency Arrangements for Absence

BNSS Section 8(8) allows the Sessions Judge to make arrangements in case he is absent or unable to act. He can authorize an Additional Sessions Judge or, if not available, the Chief Judicial Magistrate to handle urgent matters. This ensures that important applications do not get delayed due to the judge’s absence. It’s a preventive step for smooth functioning. This arrangement must follow the rules of the Sanhita. The substitute judge or magistrate gets the full legal power to act temporarily. This ensures no gap in the justice process. It reflects the planning behind court administration.

9. Definition of “Appointment”

The explanation under BNSS Section 8 clarifies the meaning of the word “appointment.” It says that the term does not include the first appointment, posting, or promotion done by the government. It refers only to judicial appointments by the High Court. This is important to avoid confusion between judicial and administrative appointments. For example, when the government appoints a judge to service for the first time, it is not covered under this section. But when the High Court appoints a judge to the Sessions Court, it is. This clear definition prevents legal misinterpretations.

10. Ensures Smooth Working of Criminal Justice System

Overall, BNSS Section 8 plays a vital role in the smooth running of criminal justice at the district level. It creates a proper structure for the Sessions Courts. It also ensures that judges are fairly appointed, urgent matters are not delayed, and the court can function even during emergencies. The law gives flexibility, efficiency, and fairness to the court process. Whether it is case distribution, location change, or temporary arrangements, the section covers it all. It supports both the court and the people. It ensures that justice is not denied due to procedural delays or vacancies.

Examples of BNSS Section 8

Example 1:

In Nagpur sessions division, the main Sessions Judge goes on long leave. The High Court directs the Additional Sessions Judge to handle urgent bail hearings. This is allowed under BNSS Section 8(5), ensuring justice isn’t delayed.

Example 2:

The High Court appoints a Sessions Judge from Pune as an Additional Sessions Judge in Ahmednagar, due to a rise in pending cases. The judge holds sittings at Ahmednagar Court as per BNSS Section 8(4).

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Section 8 of BNSS Short Information

Point	Details
Section Name	BNSS Section 8
Title	Court of Session
Who Establishes the Court	State Government for each Sessions Division
Who Appoints the Judge	High Court
Additional Judges	Can be appointed by High Court
Temporary Arrangements	In absence, CJM or Additional Judge can manage urgent matters
Location of Sitting	At regular place or any other place with consent of parties
Work Distribution	Sessions Judge can assign cases to Additional Sessions Judges
Emergency Provisions	For urgent hearings in judge’s absence
“Appointment” Explanation	Doesn’t include first govt. appointment/posting

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BNSS Section 8 FAQs

BNSS 8

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