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Introduction
Sec 6: Classes Criminal Courts. Besides the High Courts and the Courts constituted under
any law, other than this Code, there shall be, in every State, the following classes of
Criminal Courts, namely:-
(i) Courts of Session;
(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan
Magistrates;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
Sec 9: Court of Session.
(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 and Assistant 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 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.
(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.
Sec 10: Subordination of Assistant Sessions Judges.
(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose
Court they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules consistent with this Code, as
to the distribution of business among such Assistant Sessions Judges.
(3) 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 or Assistant
Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief
1. According to Sec 366 of CrPC, When the Court of Session passes a sentence of
death, the proceedings shall be submitted to the High Court, and the sentence shall
not be executed unless it is confirmed by the High Court.
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Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have
jurisdiction to deal with any such application.
Sec 28: Sentences which High Courts and Sessions Judges may pass.
(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by
law; but any sentence of death1 passed by any such Judge shall be subject to confirmation
by the High Court.
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a
sentence of death or of imprisonment for life or of imprisonment for a term exceeding
ten years.
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General topics
Section 26 of the CrPC titled “Courts by which offences are triable” read with Schedule 1
of the Code titled “Classification of Offences” are used to determine whether an offence
is triable by the Magistrate or the Court of Sessions.
However, even in cases where an offence is exclusively tried by Sessions Court, it cannot
take cognizance of such an offence.1
According to Section 209 of Code, A competent Magistrate may take cognizance of such
an offence and then commit the case to the Court of Sessions for Trial.
Although Section 199(2) of the Code acts as an exception to this where a Court of
Sessions may directly take cognizance of an offence without the case being committed to
it in case of defamation of high dignitaries and public servents under certain
circumstances.
1. According to Sec 193 of CrPC, Except as otherwise expressly provided by this
Code or by any other law for the time being in force, no Court of Session shall
take cognizance of any offence as a Court of original jurisdiction unless the case
has been committed to it by a Magistrate under this Code.
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