Court of Session includes Session Judge, Additional Session Judge and Assistant Session Judge. The power and the jurisdiction of Session Judge and Additional Session Judge is same. One could say that a Session Judge is first among equals (Additional Session Judge).
Session Judge is only one in no. while Additional Session Judge and Assistant Session Judge may be as many as required.
Section 6 of Code of Criminal Procedure talks about the classes of criminal Court. It states that criminal court is classified as –
- Court of Session
- Court of Judicial Magistrate
Judicial Magistrate first class
Judicial magistrate second class
Metropolitan area – Metropolitan Magistrate
- Executive Magistrates
Establishment
Section 9 (1) of Code of Criminal Procedure states that the State Government will establish a Court of Session in every session division.
Appointment
Section 9 (2) of Code of Criminal Procedure states that the High court will appoint a Session Judge in every Court of Session.
Section 9 (3) of Code of criminal procedure states that the High Court may appoint as many as Additional Session Judge and Assistant Session Judge. But one needs to remember that the first appointment is held by the State Government.
Powers
The main power is allocation of work or distribution of work among those who are working under the control and supervision of the court of session.
Place of sitting
Section 9 (6) of Code of Criminal Procedure states that High Court may specify the place of sitting by notification. In special cases the court may sit as per the general convenience of the parties and witness with the consent of prosecution and the accused.
