Section 214 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 214 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:
๐ Section 214: Additional Sessions Judges to Try Cases Made Over to Them
Section 214 of the BNSS, 2023 outlines the authority and jurisdiction of Additional Sessions Judges concerning the cases assigned to them.
1. Assignment of Cases
Authority to Assign: An Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to them for trial or as the High Court may, by special order, direct them to try.
Scope of Assignment: This provision ensures that Additional Sessions Judges have the jurisdiction to handle cases that are assigned to them, either by the Sessions Judge or the High Court, thereby facilitating the efficient functioning of the judicial system.
2. Purpose
Efficient Case Management: The provision aims to distribute the caseload effectively among Additional Sessions Judges, ensuring timely disposal of cases and reducing the burden on the Sessions Judge
Flexibility in Judicial Administration: It provides flexibility in the judicial administration by allowing the assignment of cases based on the availability and expertise of the Additional Sessions Judges.
โ๏ธ Comparison with CrPC Section 194
| Aspect | Section 214 (BNSS, 2023) | Section 194 (CrPC, 1973) |
|---|---|---|
| Assignment Authority | Sessions Judge or High Court | Sessions Judge or High Court |
| Scope of Assignment | Cases assigned by general or special order | Cases assigned by general or special order |
| Purpose | Efficient distribution of caseload among Additional Sessions Judges | Efficient distribution of caseload among Additional Sessions Judges |
| Flexibility | Allows assignment based on availability and expertise | Allows assignment based on availability and expertise |
๐งพ Example Scenario
Scenario: In a district with a high volume of criminal cases, the Sessions Judge finds it challenging to manage the caseload effectively. To address this, the Sessions Judge issues a general order assigning certain cases to Additional Sessions Judge A. Additionally, the High Court, recognizing the complexity of a particular case, directs Additional Sessions Judge B to handle that specific case.
Application of Section 214: In this scenario, both Additional Sessions Judge A and Additional Sessions Judge B are empowered to try the cases assigned to them, as per the provisions of Section 214 of the BNSS, 2023. This ensures that the cases are handled efficiently and in a timely manner, in line with the objectives of the provision.
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