Section 8 of BNSS : Section 8: Court of Session.

Explanation using Example

Example 1:

Scenario: Establishment of a Court of Session in a New District

Context: The state government of Maharashtra decides to create a new district called "Newtown" due to administrative reasons. According to Section 8 of The Bharatiya Nagarik Suraksha Sanhita 2023, the state government must establish a Court of Session for this new district.

Application:

1. The Maharashtra state government establishes a Court of Session for the Newtown sessions division.
2. The High Court of Bombay appoints a Sessions Judge to preside over the Court of Session in Newtown.
3. Additionally, the High Court appoints two Additional Sessions Judges to assist with the caseload in Newtown.

Outcome: The Court of Session in Newtown is now operational, with a Sessions Judge and two Additional Sessions Judges handling criminal cases within the district.

Example 2:

Scenario: Temporary Vacancy of a Sessions Judge

Context: The Sessions Judge of the Pune sessions division is on medical leave for two months. There are several urgent applications pending before the Court of Session in Pune.

Application:

1. The High Court of Bombay makes arrangements for the disposal of urgent applications by appointing an Additional Sessions Judge from the Pune sessions division to handle the cases.
2. If there were no Additional Sessions Judge available, the High Court could appoint the Chief Judicial Magistrate of Pune to deal with the urgent applications.

Outcome: The urgent applications are handled without delay, ensuring that the judicial process continues smoothly despite the temporary vacancy of the Sessions Judge.

Example 3:

Scenario: Holding Court Sessions at a Different Location for Convenience

Context: A high-profile criminal case in the Nagpur sessions division involves witnesses and parties from a remote village far from the usual court location. Traveling to the court would be inconvenient for them.

Application:

1. The Sessions Judge of Nagpur, considering the general convenience of the parties and witnesses, decides to hold the court sittings in the remote village.
2. The Sessions Judge obtains consent from both the prosecution and the accused to hold the sittings at the new location.

Outcome: The court sessions are held in the remote village, making it easier for the parties and witnesses to attend, thereby facilitating a smoother judicial process.

Example 4:

Scenario: Distribution of Business Among Additional Sessions Judges

Context: The sessions division of Bengaluru has a high volume of criminal cases, requiring efficient distribution of workload among the judges.

Application:

1. The Sessions Judge of Bengaluru issues orders for the distribution of cases among the Additional Sessions Judges.
2. The distribution is done in a manner consistent with The Bharatiya Nagarik Suraksha Sanhita 2023, ensuring that each judge handles a fair share of the caseload.

Outcome: The workload is evenly distributed among the judges, leading to timely disposal of cases and efficient functioning of the Court of Session in Bengaluru.