Introduction

• The Court of Sessions is said to be the highest court of criminal jurisdiction in a district.
• It is also known as the court of first instance to try serious criminal offences. Serious criminal offences mean offences whose punishment is imprisonment exceeding seven years including life imprisonment.
• The Court of Sessions, as established under the Code of Criminal Procedure, 1973 (CrPC), stands as a cornerstone in the criminal justice system of India.

What is Establishment and Composition of Court of Sessions?

• Under Section 9 of the CrPC, the Court of Sessions is instituted in sessions division by the State Government, serving as a court of criminal jurisdiction.
  • As per Section 7 of CrPC, every state shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of CrPC, be a district or consist of districts.
• The presiding officer, known as the Sessions Judge, is appointed by the High Court under whose jurisdiction that sessions division falls.
• The composition also includes additional judges, if appointed, fostering a localized approach to justice delivery.
  • The High Court has the power to 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.
• The Court of Sessions shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify.
  • But, if the Court of Sessions is of opinion, it will place its sitting as per the general convenience of the parties and witnesses at any other place in the sessions division.

What is Jurisdiction of Court of Sessions?

• Territorial jurisdiction, determining the court based on where the offence occurred, is fundamental.
• Section 26 of the CrPC specifically mentions that the Court of Sessions can try any offence under the Indian Penal Code, 1860 (IPC).
• However, the jurisdiction of the Sessions Court extends to offences punishable with imprisonment for a term exceeding seven years under Section 28 of the CrPC.

What are Powers of Functions of Court of Sessions?

• Conducting Trials:
  • The Sessions Court is entrusted with the trial of serious criminal offences, presiding over proceedings, and delivering judgments based on the merits of the case.
  • The judge ensures a fair and impartial trial, considering evidence presented by both prosecution and defense.
• Appellate Jurisdiction:
  • The Sessions Court functions as an appellate court, hearing appeals from judgments passed by Magistrates within its jurisdiction.
  • This appellate role safeguards against errors or miscarriages of justice at the lower court level.
• Revisional Powers:
  • The Sessions Court exercises revisional powers over Magistrates' proceedings within its jurisdiction.
  • This mechanism allows the Sessions Judge to review decisions for correctness, legality, or propriety, ensuring justice prevails.
• Power to Award Punishment:
  • The Sessions Court holds the authority to award punishments, including imprisonment and fines, based on the gravity of the offence and evidence presented during the trial.
  • The judge exercises discretion in determining an appropriate sentence.

What Procedure is Followed by the Court of Sessions?

• Framing of Charges (Section 228, CrPC):
  • Before the trial commences, the Sessions Judge ensures that clear and specific charges are framed against the accused.
  • This step enables effective defence preparation.
• Examination of Witnesses (Sections 230-231, CrPC):
  • The examination of witnesses is a critical phase, where both prosecution and defense present their evidence.
  • The judge oversees fair and impartial examination, allowing cross-examination to ensure a comprehensive trial.
• Acquittal (Section 232, CrPC):
  • If after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the judge shall record an order of acquittal.
• Oral Arguments (Section 233, CrPC):
  • Following witness examination, the prosecution and defence present oral arguments.
  • The judge carefully considers these arguments before arriving at a decision.
• Judgment and Sentencing (Sections 235-237, CrPC):
  • The Sessions Judge pronounces the judgment after the trial, including findings on guilt or innocence and, if applicable, the imposed sentence.
  • The judgment is based on evidence, legal principles, and precedents.

What are Challenges Before Court of Sessions?

• Case Management:
  • Implementing case management techniques sets realistic timelines, streamlines proceedings, and reduces delays that are required in proceedings before the Court of Sessions.
• Use of Technology:
  • Integrating technology through electronic filing systems, video conferencing, and digital evidence management enhances efficiency.