CrPC Section 10: Subordination of Assistant Sessions Judges
Section 10 of the Code of Criminal Procedure, 1973 (CrPC) governed the administrative subordination of Assistant Sessions Judges, the distribution of their judicial business, and arrangements for urgent applications when the Sessions Judge was unavailable.
Text of Section 10, Code of Criminal Procedure, 1973
(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.
(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.
Meaning and explanation of Section 10 CrPC
Sub-section (1): Subordination to the Sessions Judge
Assistant Sessions Judges were subordinate to the Sessions Judge of the court in which they exercised jurisdiction. This established an administrative hierarchy within the Sessions Court. It did not, by itself, create an unrestricted power to interfere with judicial decisions.
Sub-section (2): Distribution of judicial business
The Sessions Judge could make rules, consistent with the CrPC, for distributing work among Assistant Sessions Judges. Such arrangements dealt with the allocation and management of cases within the court.
Sub-section (3): Urgent applications
Where the Sessions Judge was absent or unable to act, arrangements could be made for urgent applications to be dealt with by an Additional or Assistant Sessions Judge. If neither was available, the Chief Judicial Magistrate could be designated. The designated judicial officer was deemed to have jurisdiction for those applications under the provision.
Position under the Bharatiya Nagarik Suraksha Sanhita, 2023
The BNSS reorganised the statutory provisions on criminal courts. The category of Assistant Sessions Judge found in the former CrPC scheme is not separately retained in the corresponding BNSS provisions. Accordingly, there is no direct BNSS replacement for CrPC Section 10.
Section 8 BNSS (Court of Session) provides for the Court of Session and Sessions Judges and Additional Sessions Judges, including arrangements for urgent applications when a Sessions Judge is absent or unable to act. This is relevant to the subject formerly addressed in part by CrPC Section 10, but it is not a one-to-one replacement.
Section 13 BNSS (Subordination of Judicial Magistrates) concerns the hierarchy of Chief Judicial Magistrates and other Judicial Magistrates. It corresponds to the subject of former Section 15 CrPC, not Section 10 CrPC.
Repeal, savings and pending proceedings
Section 531 BNSS (Repeal and savings) repeals the CrPC while preserving specified pending proceedings and other matters under its savings provisions. Whether the former CrPC governs a particular matter depends on the statutory transitional rules and the facts of that proceeding; the repeal does not mean every pending matter automatically moves to the BNSS.
Frequently asked questions
Is Section 10 CrPC still in force?
The CrPC was repealed with effect from 1 July 2024, subject to Section 531 BNSS. Former Section 10 remains relevant when interpreting the historical law and proceedings to which the savings provisions apply.
What is the corresponding BNSS section for CrPC Section 10?
There is no direct corresponding section. BNSS Section 8 addresses the Court of Session and some related administrative arrangements; BNSS Section 10 is a different provision concerning Chief Judicial Magistrates.
Who allocates work among Sessions Court judges under the current law?
The applicable BNSS provisions, High Court rules, and valid judicial or administrative orders govern the allocation of work. Section 8 BNSS is particularly relevant to the organisation of the Court of Session.
Official statutory references
India Code - Central Acts (CrPC 1973 and BNSS 2023)
Bureau of Police Research and Development - BNSS text and comparative material (PDF)
Updated: 16 October 2026. This article is general legal information; the applicable statutory text, notifications, court rules and facts of a case should be checked before reliance.