Report No. 32
Appendix 1
Proposed Amendment to the code of Criminal Procedure, 1898
(This is a tentative draft only)
Draft amendment1
1. The draft proceeds on the assumption that "appointment" and "posting" and "promotion" in Article 233 of the Constitution are confined to appointment to the cadre, and do not cover what may he called allotment or assignment to a particular area or Court.
For section 9 of the Code of Criminal Procedure, 1898, substitute the following section, namely:-
Existing section 9 |
Proposed section 9 |
"9. Court of Session.- (1) The State Government shall establish a Court of Session for every sessions division, and appoint a judge of such Court. | "9. Court of Session.- (1) The State Government shall establish a Court of Session for every sessions division........ |
Cf. Section 9(1), latter part. |
(1A) The High Court shall appoint a judge of such Court. |
(2) The State Government may, by general or special order in the Official Gazette, direct at what place or places the Court of Session shall ordinarily hold its sittings 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 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. | (2) The High Court may, by general or special order in the Official Gazette, direct at what place or places the Court of Session shall ordinarily hold its sittings; 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 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. |
(3) The State Government may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in one or more such Courts. | (3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in one or more such courts. |
(4) A Sessions Judge of one sessions division may be appointed by the State Government 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 either division as the State Government may direct. | (4) A 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 either division as the High Court may direct. |
(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act." | (5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act." |