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Wednesday, October 30, 2013

Sessions Court

Immediately above the Magistrate Courts are the Sessions Court presided over by judges known as the Sessions Judges. It is here that more serious offences such as dacoities, all types of homicide thefts by habitual offenders, etc. are tried when these cases are committed to the Sessions Court by the Courts below. Under Criminal Procedure Code, the state government is required to appoint a Court of Session in every session division. Generally, there is one Court of Sessions in every session division though there may be more such judges in the Court. These may be designated as Additional Sessions Judges or Assistant Sessions Judges, and they are Judges of the same court. The Additional Sessions Judge tries all those cases which are assigned by the Sessions Judge. However, an appeal   from the court of the Magistrate can be entertained and heard by the Sessions Judge and on assignment by the Additional Sessions Judge. The place where he is to hold his court is appointed by the High Court. A Sessions Court has both appellate and revisional  jurisdiction over the inferior courts. It also has original jurisdiction to try Sessions cases, but it has no power to take cognizance of such cases( except in the NDPS Act and other Acts in which power of taking cognizance is conferred upon it) unless they are committed by a Magistrate. Such courts deal and decide the cases and appeals as provided in the Criminal Procedure Code.

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