Section 7 CrPC - Territorial Divisions and Sessions Districts
Section 7 of the Code of Criminal Procedure, 1973 (CrPC) provided the territorial framework for sessions divisions, districts and subdivisions in India. The corresponding framework under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on 1 July 2024, is important for understanding how criminal courts are organised geographically.
Section 7 CrPC: Territorial divisions
Subsection (1). Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of the Code, be a district or consist of districts.
Proviso. Every metropolitan area shall, for those purposes, be a separate sessions division and district.
Subsection (2). The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.
Subsection (3). The State Government may, after consultation with the High Court, divide any district into subdivisions and may alter the limits or number of such subdivisions.
Subsection (4). Sessions divisions, districts and subdivisions existing in a State at the commencement of the Code were deemed to have been formed under this section.
Meaning and practical application
Sessions division
A sessions division is a territorial unit for the administration of sessions-level criminal jurisdiction. A division may cover one district or several districts, depending on the applicable State framework.
District and subdivision
A district is a territorial administrative and judicial unit recognised for criminal procedure. A subdivision is a smaller unit within a district. The geographical limits and number of these units may be altered by the State Government after consulting the High Court.
Consultation with the High Court
The requirement of consultation with the High Court under subsections (2) and (3) recognises the judiciary's institutional role when territorial arrangements affecting criminal court administration are changed.
Position under the BNSS, 2023
Section 7 of the BNSS addresses territorial divisions, including sessions divisions, districts and subdivisions. The BNSS framework should be read together with its provisions governing the establishment and jurisdiction of criminal courts. The former CrPC provision should not be treated as the operative provision for every case arising after 1 July 2024.
Section 531 BNSS (repeal and savings) governs the repeal of the CrPC and the treatment of pending appeals, applications, trials, inquiries and investigations. The applicable procedural regime depends on the facts and the statutory savings.
Why territorial divisions matter
Territorial divisions help organise the courts and judicial administration. They do not by themselves answer every question about which court can inquire into or try a particular offence; territorial jurisdiction for particular proceedings is governed by other applicable provisions of criminal procedure.
Official legislation and references
Consult the authoritative texts and commencement notifications before relying on a provision in a proceeding:
- India Code - official repository of Central legislation (search for the Code of Criminal Procedure, 1973 and Bharatiya Nagarik Suraksha Sanhita, 2023).
- e-Gazette of India - official Acts and commencement notifications.
- Ministry of Home Affairs - criminal law implementation information.
This article is a general legal guide. Refer to the current statutory text, State notifications and relevant judicial decisions for a particular matter.