Section 194 CrPC: Assignment of Sessions Cases and Section 214 BNSS
Section 194 of the Code of Criminal Procedure, 1973 governed the cases that Additional and Assistant Sessions Judges could try when assigned by a Sessions Judge or directed by a High Court. Since 1 July 2024, the corresponding provision is Section 214 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 194 CrPC: Text and meaning
Heading: Additional and Assistant Sessions Judges to try cases made over to them.
"An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try."
This provision addressed the distribution of cases within a Sessions division. An Additional Sessions Judge or Assistant Sessions Judge could try cases assigned by a general or special order of the Sessions Judge, or specifically directed by the High Court. It did not itself dispense with other statutory requirements governing jurisdiction and committal.
Section 214 BNSS: Present law
Heading: Additional Sessions Judges to try cases made over to them.
"An Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try."
Under the BNSS, the provision refers only to Additional Sessions Judges. The former reference to Assistant Sessions Judges has been omitted. The Sessions Judge may allocate trials by general or special order, and the High Court may direct trial of a case by special order.
Explanation of important legal terms
Sessions Judge and Sessions division
The Sessions Judge presides over the Court of Session for a Sessions division and is responsible for assigning trials as permitted by law. The institutional framework for Courts of Session is set out in Section 8 BNSS.
Making over a case
"Making over" means assigning a case to another competent judge for trial. It is an administrative or judicial allocation under the statutory framework, not a fresh determination of guilt or innocence.
General order and special order
A general order may distribute a category of cases or business among judges. A special order addresses an identified case or particular assignment. The allocation must comply with applicable law and binding High Court directions.
How allocation of Sessions trials works
- A case reaches the Court of Session in accordance with the BNSS, including the committal requirement in Section 213 where applicable.
- The Sessions Judge may make over the trial to an Additional Sessions Judge by a general or special order.
- Alternatively, the High Court may direct an Additional Sessions Judge to try a case through a special order.
- The assigned judge conducts the trial subject to the applicable procedural rules, jurisdictional requirements and orders of superior courts.
Does Section 194 CrPC still matter?
Yes, for historical interpretation and proceedings protected by the repeal-and-savings provision. Section 531 BNSS preserves the treatment of specified pending appeals, applications, trials, inquiries and investigations under the earlier CrPC framework. The applicable procedure in any particular case depends on its procedural status and the precise terms of the savings clause; the date of the alleged offence alone does not settle every procedural question.
Frequently asked questions
What is the BNSS equivalent of Section 194 CrPC?
Section 214 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can an Additional Sessions Judge hear a case without an assignment?
Section 214 contemplates cases made over by the Sessions Judge or specially directed by the High Court. The court's authority must also be considered alongside other applicable jurisdictional and procedural provisions.
What is the main difference between the old and new provisions?
The BNSS provision omits Assistant Sessions Judges while retaining the mechanism for assignment of cases to Additional Sessions Judges.
Official legal sources
- India Code - official repository of Central legislation (search for the CrPC, 1973 and BNSS, 2023).
- Gazette of India - Bharatiya Nagarik Suraksha Sanhita, 2023.
- National Crime Records Bureau - BNSS section index.