Sessions Court

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

Bangladesh

Sessions Court is a type of lower court in Bangladesh that deals with criminal cases. The Code of Criminal Procedure enables government to establish sessions court in every district or metropolitan city of Bangladesh.[1] Based on location of establishment, Sessions courts are two type, namely

With the introduction of Metropolitan Police, the amended version of CrPC made it essential for the government to establish separate courts for metropolitan cities. Since then, Metropolitan Sessions Courts have been established in Bangladesh.[1] For districts, both of criminal and civil courts are housed in same facility. Those are usually called District and Session Judge Court.[2][3]

Based on the type of adjudicator, Sessions Courts are two type, those are Court of Sessions Judge and Court of Magistrate. Court of Sessions Judge is presided by a Judge appointed by the government and Court of Magistrate are presided by a Judicial Magistrate. Court of Magistrate is under control of and subordinate to Sessions Judge.[4]

The CrPC enables Sessions Judge to pass any sentence authorized by law. But any death sentence passed by such judge needs the confirmation from the High Court Division.[5]

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.[6]

In Indian cities, the Sessions Court is responsible for adjudicating matters related to criminal cases.[7] The court is responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases.

In Mumbai (Bombay) there are two courts, the main one being in the Kala Ghoda region of South Mumbai second at in Dindoshi in the suburban area of Goregaon.[8]

Sessions court has the power to impose the full range of penalties for criminal acts, including the death penalty.[9]

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).[10] 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.[11] 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.

See also

References

  1. ^ a b "Court of Sessions - The Code of Criminal Procedure". bdlaws.minlaw.gov.bd. Retrieved 2018-05-08.
  2. ^ "ভোলায় চীফ জুডিসিয়াল আদালত ভবন নির্মাণ কাজ শুরু হয়েছে". Bssnews.net (in Bengali). Retrieved 2018-05-08.
  3. ^ "জরাজীর্ণ ভবনে ঝুঁকি নিয়ে চলছে বিচার কার্যক্রম". Prothomalo.com (in Bengali). Retrieved 2018-05-08.
  4. ^ "Subordination of Executive,Judicial and Metropolitan Magistrates- The Code of Criminal Procedure". bdlaws.minlaw.gov.bd. Retrieved 2018-05-08.
  5. ^ "Sentences which High Court Division and Sessions Judges may pass". bdlaws.minlaw.gov.bd. Retrieved 2018-05-08.
  6. ^ "CrPc Section 9". indiankanoon.org. Retrieved January 12, 2012.
  7. ^ "What is the role of civil, sessions, high and Supreme courts?". Timesofindia.com. Retrieved 2018-05-08.
  8. ^ "Archived copy". Archived from the original on 2012-04-22. Retrieved 2012-04-18.
  9. ^ "District Courts". Indiancourts.nic.in. Retrieved 2018-05-08.
  10. ^ "Subordinate Courts Act 1948 (SCA)" (PDF). Agc.gov.my. Retrieved 2018-05-08.
  11. ^ "Malaysian Courts Hierarchy". Hierarchystructure.com/. Retrieved 2018-05-08.
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