CONSTITUTION OF CRIMINAL COURTS AND OFFICES
Section 9. Court of Session –
- The State Government shall establish a Court of Session for every session division.
- Every Court of Session shall presided over by a judge, to be appointed by High Court.
- The High may also appoint Additional Session Judges and Assistant Session Judges to exercise jurisdiction in a Court of Session.
- The Session Judge of one session division may be appointed by the High Court to be also an Additional Session 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 Session 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 Session Judge, by a Chief Judicial Magistrate, in the session division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
- The Curt 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 sitting at any other place in the session 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 purpose 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.