Girish Mahajan (Editor)

Sessions Court

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A Sessions Court is a lesser court of law which exists in several democratic countries, including India, Malaysia, and the United States of America.The session court is the highest criminal court in the district.

Contents

India

District court is referred to as sessions court when it exercises its jurisdiction on criminal matters under Code of Criminal procedure (CrPc)

As per section 9 of CrPc, the court is established by the State Government for every sessions division. The court is presided over by a Judge, appointed by the High Court of that particular state. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges in this court.

In Indian cities, the Sessions Court is responsible for adjudicating matters related to criminal cases. The court is responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases.

In Mumbai (Bombay) there are three courts, the main one being in the Kala Ghoda region of South Mumbai second at Sewree in south Mumbai and the third in Dindoshi in the Cancer area of Goregaon.

Sessions court has the power to impose the full range of penalties for criminal acts, including the death penalty.

Originally, the Sessions Courts heard each case continuously in sessions and delivered judgements immediately on completion of arguments. Hence the name 'Sessions Court' meant that the cases would be disposed off expeditiously. One of the important reasons for delays in the Indian Judicial System, is that the concept of 'Sessions' is observed only in breach due to repeated adjournments, loop holes in the case papers and backlog of cases. The Government of India has not found a solution to this endemic problem.

Malaysia

Somewhat like the former Quarter Sessions in England, but does not exceed RM1,000,000 as per ss 65(1)(b), 73(b), 93(1) of the Subordinate Courts Act 1948 (SCA). The exception however is in matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions Courts have unlimited jurisdiction pursuant to s 65(1)(a)SCA. Also, by virtue of s 65(3) SCA, the parties to a legal action may enter into an agreement in writing to grant jurisdiction to the Sessions Court to try an action beyond its prescribed monetary jurisdiction aforesaid.

References

Sessions Court Wikipedia