- The State Government shall establish a Court of Session for every sessions division.
- Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
- The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.
- 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.
- 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.
- The Court of Sessions 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.
Explanation – For the purposes of this Code, “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 Government.
Simplified Explanation:
Section 9 of the Code of Criminal Procedure (CrPC), 1973, pertains to establishing and functioning the Courts of Judicial Magistrates. Here’s an outline of its key aspects:
- Establishment of Courts of Judicial Magistrates: This section empowers the High Court to establish Courts of Judicial Magistrates of the first class and of the second class in any district or metropolitan area within its jurisdiction. These courts are established in consultation with the State Government, ensuring a collaborative approach to the administration of criminal justice.
- Chief Judicial Magistrate (CJM) and Chief Metropolitan Magistrate (CMM): The High Court will appoint a Chief Judicial Magistrate (CJM) in every district (non-metropolitan area). The Chief Metropolitan Magistrate’s role is mirrored in every metropolitan area. These officials have supervisory authority over other Magistrates within their jurisdiction.
- Additional Chief Judicial Magistrates and Additional Chief Metropolitan Magistrates: The High Court may also appoint Additional Chief Judicial Magistrates and Additional Chief Metropolitan Magistrates as necessary, highlighting the judicial system’s flexibility in responding to the demands of justice administration.
- Special Judicial Magistrates and Special Metropolitan Magistrates: The High Court may appoint special judicial magistrates or special metropolitan magistrates for specific cases or specific areas within a district or metropolitan area. These appointments can be made among persons with legal experience and are intended to address particular needs or backlogs in the justice system.
- Magistrates of the First Class and Second Class: This section differentiates between Judicial Magistrates of the first class and the second class based on their powers. Magistrates of the first class have broader authority in terms of the types of cases they can hear and the sentences they can impose.
- Duration of Office: For Special Judicial Magistrates or Special Metropolitan Magistrates, the section provides that they will hold office for a term not exceeding one year. However, the High Court can renew it.
- Local Jurisdiction of Magistrates: The High Court is also empowered to define the local limits of these Magistrates’ jurisdictions, ensuring that the judicial coverage is adequately aligned with the geographical and population considerations of different areas.
Section 9 lays down the structural foundation for the lower judiciary in criminal matters, emphasizing the roles, appointment, and jurisdiction of various Magistrates. This framework ensures that the administration of criminal justice is decentralized and accessible, with a clear hierarchy and division of responsibilities within the judicial system.
