ADVANCED BNSS 5 6

Added: 2026-05-31

[00:00:23]Ok.

[00:00:42][screaming sound] Hello friends, very very good evening.

[00:01:04]How are you all?

[00:01:07]I hope it is absolutely great. At once It is first class.

[00:01:15]So friends, today We love our journey of BASS.

[00:01:22]I am going to continue it.

[00:01:25]We have done it in our last two classes.

[00:01:27]Inside We have read only two sections.

[00:01:32]Section One and Section Two of BASS.

[00:01:36]But according to the section two that we read Inside we covered 26 definitions and each definition is understood individually.

[00:01:46]Is.

[00:01:48]Let's assume that section two is in itself.

[00:01:50]It is so important that in the prelims one Half or two questions can be answered from that.

[00:01:56]So, the time we have invested so far He is already going to pay us up and leave.

[00:02:02]This is guaranteed by the definition, especially As soon as I ask the question about the definition of BASS They ask about prelims.

[00:02:11]Ok?

[00:02:12]Now let's discuss what is going to happen today.

[00:02:15]Are. Now look, today is the first day where We'll jump straight to those provisions.

[00:02:25]who talk about the procedure for which BaANSS is made for which BaANSS It is known.

[00:02:34]But since it is still early days, some There will also be sections that are very generic.

[00:02:40]They are of nature. So always remember this whenever Yes, what I was telling you in first grade.

[00:02:45]If you want to study DNSS then you have to be patient.

[00:02:51]Such discussions cannot take place every minute and every second.

[00:02:54]Whatever you find interesting. in between like this There will also be provisions. some such things There might be some that might seem a bit boring.

[00:03:04]But you have to be patient because Examination according to your interest There is no conduct. Your questions Are not decided according to interest what will be asked.

[00:03:20]Ok? So today we will start section three.

[00:03:23]From.

[00:03:25]Gradually, sub-section by sub-section will proceed.

[00:03:30]And let's see how far we can go.

[00:03:32]As I always say, there's no rush.

[00:03:34]Is. Understanding is most important for us.

[00:03:36]We will proceed with understanding. Ok? Come Section Three.

[00:03:44]Now, even though this section three is within Some very basic things, but These are important things. There are some such things We are always confused about them.

[00:03:57]So listen very carefully. Its title is Construction of References.

[00:04:03]Children may get a little confused after hearing this title.

[00:04:06]They happen. Sir, what is this? Construction of references. Construction means Interpretation.

[00:04:12]References refer to the different words References will be given. of words which How will we be given references?

[00:04:20]How to interpret, how to interpret Yes, he tells us this in section three.

[00:04:28]Let's look at the first subsection.

[00:04:31]Unleash the Context Otherwise Requires Any Reference in Any Law. Now you will listen a lot This is an important matter. To a magistrate.

[00:04:42]Mark it the same way I do it I have been.

[00:04:45]to a magistrate Without any qualifying words.

[00:04:53]Magistrate of the First Class And a magistrate of the second class Shell in relation to any area be constituted as a reference to judicial Magistrate Judicial Magistrate of the First Class and The Second Class S The Case May B Exercising jurisdiction in such area Now we will move ahead a little section When you reach six So there are classes of criminal courts in it.

[00:05:40]Have been told.

[00:05:42]that classes of criminal courts in high Apart from the court, he talked about the Court of Session.

[00:05:48]Has been. Chief Judicial Magistrate's statement It has been said. Judicial Magistrate First Class has been mentioned. judicial Magistrate Second Class has been mentioned.

[00:05:57]and finally the Executive Magistrate It has been discussed.

[00:06:03]So inside our BANSS itself you will see In many different sections, The word magistrate will be used.

[00:06:12]It will be written somewhere as Chief Judicial Magistrate. Magistrate must be written somewhere Of the first class. It will be written somewhere Magistrate of the Second Class. somewhere Only Magistrate will be written.

[00:06:28]So sometimes there is confusion as to What does magistrate mean?

[00:06:35]Because When we look at the Indian administration So there also this word magistrate It is used. Not just in the judiciary It happens in administration also. As District Magistrate DM UPSC It is made after preparation. SDM Sub Divisional Magistrate There also the word Magistrate It is used. ADM Additional District Magistrate there also The word magistrate is used and he Is not part of the judiciary. judicial It is not part of the system. They It is part of the administration. For the government Let's work.

[00:07:15]And the most confusing thing is that Inside BaANSS There is also talk of magistrates who is part of the judiciary and those magistrates There is also talk of administration If there is a part then there is a lot of confusion brother that if any section is saying Magistrate, brother, which magistrate?

[00:07:37]Does Magistrate mean DM Sir?

[00:07:39]Is it SDM sahab or ADM sahab?

[00:07:42]Is he CGM sir or JM first class?

[00:07:44]or JM Second Class There is confusion, isn't it, brother?

[00:07:52]So all this section one is yours Removes confusion It first says that if any In the section If only Magistrate is written nothing else I wrote nothing before or after it Only the magistrate has written this much So it will always be considered That we are talking about a judicial magistrate.

[00:08:25]Now that judicial magistrate can be anyone.

[00:08:27]Is. Judicial Magistrate can be first Yes, the Judicial Magistrate can be second Yes, it could be CJM, it could be anyone.

[00:08:33]Is. But that administration magistrate Not there. If only Magistrate is written Is.

[00:08:42]If only Magistrate is written then always understand Jana, we are talking about the judiciary. judicial We are talking about the system. Administration There is no talk of this.

[00:08:53]Similarly, if somewhere only the magistrate of first class is written or Magistrate of the Second Class is written There also you should understand that it is a matter of judiciary.

[00:09:07]It is happening. Magistrate of the First Class It means Judicial Magistrate of First Class.

[00:09:13]Magistrate of the Second Class means Judicial Magistrate of the Second Class.

[00:09:19]In simple words, if you only The word Magistrate appears before it.

[00:09:27]Should it be written judicial or executive?

[00:09:30]So by default inside BEANSS you will find It has to be understood that it is the Judicial Magistrate's There is talk going on. If only the magistrate wrote There is nothing written next to it, neither judicial nor If you write 'executive' then understand it.

[00:09:46]Talking about the judicial magistrate What does it mean if this rule is reversed?

[00:09:50]Try it out This means that if in BANSS somewhere Executive Magistrate is being talked about If there is, then there will be a word before the word Magistrate Executive will be clearly written If the word Magistrate is followed by If Executive is not written then We are talking about the judicial magistrate.

[00:10:30]Ok.

[00:10:33]Ok. If the Magistrate does not write further If it has happened then it should be a matter of judicial magistrate and if ever an executive If you have to talk to the magistrate The word "executive" was written before the word "magistrate" It must have happened. This is the rule. So anytime in the future Don't get confused if there is something like this in any section It has to happen. Ok?

[00:10:53]Section to subsection to sorry were under Any Law Other Than Dista The functions exercisable by a magistrate Relate to Matters Which is involved now, see this a lot MCQs are also important from here MCQs can also be asked a lot and if If ever asked for the definition of executive end All these sections of the Judicial Magistrate It will be very useful to you which involve the appreciation and shifting of evidence And look carefully at the formulation of any decision.

[00:11:33]Look at the identity We expose any person to any punishment and Penalty and detention in custody pending Investigation Inquiry and Trial and Wood Have the Effect of Sending Him for Trial Before Any Any Court They shall subject to the provision of this a exercise by a judicial Magistrate by a judicial magistrate In subsection one we were told that How to use the word Bhaiya Magistrate?

[00:12:10]been done and what does that mean to us?

[00:12:13]have to remove Well, our confusion is cleared up.

[00:12:18][nasal sound] But one more There would be confusion What is the confusion that brother, these are so All are magistrates. Some are judicial, Some are executives.

[00:12:29]What is their work?

[00:12:32]Why should we tell the District Magistrate?

[00:12:34]being that he is an executive, Is part of the administration. Why us To the Judicial Magistrate of the First Class They are saying that this is a part of the judiciary.

[00:12:42]This means there will be some division of their work also.

[00:12:45]The nature of his work will also be different.

[00:12:48]He would clarify all this section to us.

[00:12:51]Is. Subsection two says Look brother If the work is something that Evidence etc. is to be appreciated, understood Is. You have such discretion that Will you accept the evidence or reject it?

[00:13:10]Remember the judicial proceedings tomorrow.

[00:13:12]I was reading the definition. what did you read there Was? judicial proceedings every one that proceedings in which Evidence is accepted on both or it can be done So there's an appreciation of evidence anywhere.

[00:13:27]Or any legal decision has to be taken based on evidence and so on Or having the power to Punishing or punishing any manner or keeping him in detention keeping in custody So usually The magistrate who will do all this work He will always be a judicial magistrate.

[00:13:57]Because these are all judicial functions.

[00:14:00]Appreciating evidence, passing judgment, conduct trials, impose punishments, penalties What is all this to do? These are all judicial Functions.

[00:14:12]So these are always judicial magistrates Will perform. Executive Magistrates will not perform.

[00:14:20]Then the question arises that then the executive What will the magistrate do brother?

[00:14:26]This is mentioned inside point B.

[00:14:30]functions which are administrative and Executive in Nature.

[00:14:36]Some examples of this have also been given. True S Granting of License, Suspension and cancellation of licence, sanction Prosecution, Withdrawing from a prosecution They shall be subject to the provisions of clause A.

[00:14:54]Be Exercised by an Executive Magistrate.

[00:15:01]On the other hand, the work of the Executive Magistrate What is? Duties of Executive Magistrate Essentially It is of administrative nature. Executive It is of nature. Meaning As to give someone a license to do anything May have a license.

[00:15:24]Liquor licensing, granting of driving licence, Cancelling someone's license.

[00:15:37]Cancelling someone's license.

[00:15:41]All this essentially It is administrative work.

[00:15:47]How is work friends? administrative work Is. who are usually called executives The magistrate does.

[00:15:57]These judicial magistrates do not work.

[00:16:01]But there is another example. Enough two more examples which may be connected to the judicial system Has happened But it is the Executive Magistrate who does it.

[00:16:12]This is very interesting.

[00:16:15]There are two tasks.

[00:16:18]First Sanctioning the prosecution. Now what is this Is there a story? Censuring the prosecution. it What does prosecution mean?

[00:16:31]Prosecution means case, friends.

[00:16:35]to carry out any legal proceedings against any person Initiate proceedings.

[00:16:41]like now as if you were I might do something wrong to you. With you I should cheat. I am your property Should I steal it?

[00:16:54]So in such a situation It's very easy for you to go straight to my You can file a complaint. Magistrate's You can get an FIR registered in front of the police.

[00:17:05]Based on the reports etc., later on my A case can be filed against him.

[00:17:10]Why so? Because I am a common man.

[00:17:14]But suppose If I were a public servant. as if I Works in a central government office or in any state government office Works.

[00:17:26]and being an incumbent of that office I might have done something wrong to you Would have done it.

[00:17:34]So if you want to take legal action against me If it was there, you could have taken it.

[00:17:43]But there you can directly Couldn't go to the police station. or directly No trial based on police report Starts moving against me.

[00:17:52]First you had to take the session. take permission It would have fallen. If I were a central government officer So, officers of the central government and the state government It was of the state government.

[00:18:06]And on behalf of the Centre or on behalf of the State But generally this sanction is to be granted Who does this work? Executive The magistrate does.

[00:18:21]So censure the prosecution Never do the work of a judicial magistrate Would. Whose great work is it? Executive Of the magistrate. Prosecution in the same manner To withdraw from.

[00:18:38]Now you all know that criminal cases In this, one party is accused who He is the accused. But the other party which Who is the one on the opposite side? he would have been He is the public prosecutor. Yesterday we also discussed the definition I had read about the public prosecutor. Now this public Who is a prosecutor, friends? This government He is a man of. The government appoints To the public prosecutor. Now suppose that someone The case is also going on. Ok? Suppose you Complaint was filed against me. file a case against me Went. The trial of that case is going on.

[00:19:18]But during the trial, the public prosecutor It seems like That brother, our case has no strength or else There is enough evidence against me, etc. could not find It appears like that So the public prosecutor would have this option that he can withdraw from the prosecution Brother, why should we waste our time?

[00:19:47]should I? The crime is not going to be proven. So then leave Let us withdraw the prosecution.

[00:19:57]But friends, even if the prosector does this work Is. Application Prosecutor before the Court Will apply.

[00:20:04]But he can't do it on his own.

[00:20:08]First he has to take permission.

[00:20:11]If the offence is punishable under the law of any State against which If there was prosecution then permission of the state government Have to take it. If the crime is committed by a central law or the Central If it is in relation to property, then the Centre Government permission has to be taken. And here either on behalf of the Central Government or the State Who gives permission on behalf of the government?

[00:20:34]Executive [sound of clearing throat] Ministry Executive Magistrate to Executive The magistrate also gives the duty of giving the sentence.

[00:20:42]for prosecution and also the work of withdrawing the prosecution Does. Now both of these work while listening.

[00:20:50]It seems that this is judicial work.

[00:20:51]The judicial magistrate must have done it. right here They will make you wander in the exam.

[00:20:57]You always have to be careful. Well essentially The duties of the Executive Magistrate are It is of administrative nature. License Granting, cancelling license. But this Two very essential tasks are also executive The magistrate does.

[00:21:14]Granting sanction for prosecution and Withdrawal of prosecution. These two big This is important and crucial work The Executive Magistrate does it. Ok?

[00:21:25]Is it clear? Did you understand? So what our Subsection two is what did he do? useful The two magistrates were divided between.

[00:21:37]Judicial Magistrate Appreciates Evidence Are doing. Taking decisions, punishment giving, running trials and Executive Magistrate License etc. Granting. They are suspending it.

[00:21:47]are sanctioning the prosecution and Allow the prosecution to withdraw Have been. Clear cut demarcation was done. Now I think you will never be confused These two expressions should not exist Executive Magistrate and Judicial Magistrate.

[00:22:05]Ok? Is it clear? This is your section.

[00:22:08]Three. Now we go to section four, friends.

[00:22:12]Pay. Section four is very simple, very straightforward.

[00:22:15]It is a small section, like a big jerry can.

[00:22:18]What does this say? Let us understand that.

[00:22:22]Trial of offences under Indian law Code Bans and Other Losses.

[00:22:29]You all know that when we talk about criminal law Let's talk about substantive criminal law If we talk about it, the first law which we The one that comes to mind is BANS. Indian Justice leader is such a big law that before There used to be IPC. But it is also wrong to say that that only BANS can deal with substantive offences He talks. Apart from BAS, many other There is a law that defines substantive offences.

[00:22:51]Are. Like POCSO, NDPS It's gone, PMLA is done. Many laws. Correct Is? Now this section four is BAS and other It also talks about crimes and laws.

[00:23:06]What do you say? All offences under the Indian The Code of Justice Shall Be Investigated Inquired and Tried and Other Wise Delt with according to the provisions herein Country There is absolutely no clarity on this point.

[00:23:23]Not just confusion If any crime has been committed, whoever covered inside BANS, whether small or Be it big theft or rape or anything else Whether it is murder or robbery Whether it is kidnapping or criminal intimidation Even if it's Grievous Hurt Whether it is sexual harassment or Stocking up every crime which is covered inside BANS This is the rule, friends.

[00:24:00]any action taken in respect of that offence Whether it is to file an FIR or Investigation, whether a police report preparation of the same, whether by a Magistrate Cognition should be taken, whether pre conduct trial proceedings, whether running a trial, whether pre-bargaining, Whether delivering the judgment from beginning to end B.A.S.S.

[00:24:31]It will be according to. That's it. because here But it is written Shail, son.

[00:24:38]Shell is written. Meaning the crime is BAS then The procedure is BANSS. Simple No If No But The matter ends there.

[00:24:54]Then comes subsection two. And this is a little bit He is going to understand. All offences under other laws.

[00:25:01]Now the rest of the laws apart from BAS Shall Be Investigated Inquired Tried and other wise delt with according to the Same provisions means according to BANS Now listen to it, but subject to any Enactment for the time being enforce regulating the Manor and Place of Investigating Inquiring and Trying and Otherwise Dealing With Such Offenses Meaning subsection two is in two parts. First What is the part saying? First they understand As far as the laws other than BAS are concerned Those who talk about crimes are substantive We create offenses normally.

[00:25:45]The general rule is that whatever is inside them The process will range from investigation to From inquiry to cognition From the trial to the judgment, everything If it is done as per BANSS then the rest Default procedural law for laws also B.A.S.S.

[00:26:07]It is there.

[00:26:09]Like that for B.A.S.

[00:26:12]But If under any other law related to any process, whether The process should be of investigation, inquiry whether it is done or trial, if there is a different process which is different from BANSS.

[00:26:36]Meaning a special procedure has been created So in such a situation apply BASS Will not done. That special procedure only applies will be. What we were reading yesterday was that whenever There is a clash between special law and general law In this case, special law wins.

[00:26:59]Ok?

[00:27:00]Like the Prevention of Money Laundering Act Take PMLA, corruption cases etc. talks about.

[00:27:07]It is a common law just like BANS There is law. Talks about crimes.

[00:27:14]But some of its processes are different from BASS.

[00:27:18]Has been told. Like the bail under PMLA The story is completely different. Infact From investigation to trial, There are different stages, that too is very It is different.

[00:27:32]The power of the police is many times more Is.

[00:27:37]So these are all the differences you are going to see.

[00:27:39]will you meet me PMLA in relation to all those differences Will apply. BASS will not apply.

[00:27:50]Because that is a special law. So the rest of Regarding the laws, however, BASS is It is applied. By default, if their We don't have any procedures that are different from BASS.

[00:28:00]Be different.

[00:28:02]But If they have their own separate procedure which If it is different from BASS then a different procedure Will apply.

[00:28:14]ok clear You guys don't get disturbed, it's very loud outside.

[00:28:19]It is actually raining, so repeatedly The lights are coming and going, the lightning is flashing You might be hearing the sound but it's good It will cool down a bit, so this is it.

[00:28:30]Friends, your section four in BNS So brother, the rule is that BNSS will apply, rest There is also a general rule in the laws that BNSS only will apply untill else They did not create their own separate procedure.

[00:28:42]That's it.

[00:28:45]clear?

[00:28:47]Now Section Five.

[00:28:52]Section five is a very small section. usually But these sections like section five, right?

[00:28:56]The rest of the laws would have been given at the end Are. Like we read the Indian Constitution Wasn't it the last in the Indian Constitution?

[00:29:02]It was a section. You might remember the section article 395 with savings and repeats. B.A.S.S.

[00:29:09]I have given it in the beginning itself.

[00:29:12]Our Section Five What does it say, nothing contained in this?

[00:29:17]Anita Shell in the Absence of a Specific Provision to the Connery Affect Any Special and Local Law for the Time Being in Force and Any Special jurisdiction and power conferred on any Special Form of Procedure Prescribed by Any other law for the time being in force.

[00:29:40]Now see what is the most surprising thing?

[00:29:44]Usually, whenever you make a savings provision You read it in any act, right?

[00:29:49]The names of the laws would be clearly written in it.

[00:29:51]That brother, due to this law of ours, Whether other laws will be affected or not Will have to. Like we have the Indian Constitution I also read Article 395 of the IPC. clearly in it It was written that brother, Indian Independence Act of 1947 and the Government of 1935 There is the India Act, we are specifically referring to it.

[00:30:09]Repealing it. Usually this is how it happens Is.

[00:30:14]But this was not done in BASS.

[00:30:16]Specifically, you look at the name of any law.

[00:30:18]It is not written. someone's name, new or old No.

[00:30:22]Now the question arises why did you do this? As such That's why son was made in criminal law There are countless laws.

[00:30:31]How many laws have been made by the Parliament?

[00:30:33]which are applicable throughout the country.

[00:30:35]How many Chutua Matua laws are there which are different State governments have established different in relation to all matters relating to criminal law They fall into the same category. So this is possible It doesn't exist. that brother, the name of every law Write individually and state that it should be repealed.

[00:30:51]Doing it or not doing it, save it Have been. It was not possible. So we have this A small section of three lines was made and A very basic thing was written in it which All the confusions were cleared.

[00:31:05]It's written here, we made this BASS and as seen in section four We have read that in a way, it is a universal law.

[00:31:12]Procedure that is generally applicable BANS has been applying to the biggest law By default, other laws also apply.

[00:31:18]It is happening, but despite all this laws that are already in place whichever Have any special thing about you?

[00:31:32]explaining the process or any Applications are being made in the locality. some local There are also disadvantages which do not apply everywhere.

[00:31:38]Would have been. Apply to a specific location There are. Like in the North East you will find You will get to see a lot of things. Localize Law works a lot there.

[00:31:47]So with the arrival of BASS, he who is existing There are special laws and local laws within them which There are written procedures that end automatically.

[00:31:57]They don't happen.

[00:31:59]They will continue as they were doing and How will their relationship with BNSS be like that?

[00:32:06]Just like we just discussed in section four Read. that if in those local laws and special laws The procedure described is different from PNSS.

[00:32:14]If so, then special law and local law will prevail.

[00:32:16]And the same will apply in those circumstances.

[00:32:19]But if there is no clash in the process, the bean If yes then BASS will be applied and if Even if there is no process, BASS It will be applied.

[00:32:28]Ok? So local law and special laws We have saved them. By Default Repeal Haven't done it. So that the existing The system should not be disturbed and should continue running.

[00:32:42]Ok?

[00:32:44]Yes, CrPC has been explicitly repealed.

[00:32:46]Is. That will come at the end.

[00:32:50]Now this is the basic thing. Chapter One Our It's over. We read these things Took. Section 1 2 3 4 5 Ok? Now we begin our chapter.

[00:33:02]to which talks about the Constitution of of Criminal Courts and Offices.

[00:33:12]This chapter is quite important. okay Is. Meaning, you will have to understand this.

[00:33:18]Because if you don't understand this then what will happen next You will not understand the chapters. But yes Fairly important because it might be That you can be asked questions from here also.

[00:33:26]It can be asked in prelims as well as mains.

[00:33:28]I can also ask. So one by one We have to move ahead with understanding. It is simple, It is very easy. Look at the first section What I was just talking about, take reference Had been. When I was explaining the difference to you Judicial Magistrate and Executive I then took a reference to the magistrate.

[00:33:44]Of section six. What does this say?

[00:33:46]Classes of Criminal Courts.

[00:33:52]Beside the High Court. other than the High Court You already know the system of the High Court.

[00:33:56]We have also read in the Constitution that Every state has its own High Court. And Where there is no High Court, such as the Union There is some hope in the territory etc. Sorry to the neighboring state's territory The jurisdiction has been extended for this Above. So every territory has its own High Court Is. So there is no confusion if you take it.

[00:34:12]That we know brother which High Court it is.

[00:34:13]The matter is over.

[00:34:15]Beside the High Court and Courts constituted under any law other than this ata And here we have special laws, right?

[00:34:23]Some like tribal etc. are formed We don't even talk about the tribunals etc. They are made under different laws, let them run.

[00:34:31]Like NCLT is National Company Law Tribunal It has nothing to do with Section Six.

[00:34:35]If it is okay then we will have someone from the High Court also.

[00:34:39]This special thing is nothing to do with us.

[00:34:42]Tribunals etc. or other courts Even from those built on different losses has nothing to do with Our concern is specifically with those courts from those mentioned in this law Whoever follows that hierarchy within BASS Is part of There shall be in every state, first thing shall If it is written then it is not optional.

[00:35:07]You can see the same system in one state.

[00:35:09]The following classes will be available in every state of Criminal Courts This four There are points of hierarchy.

[00:35:22]After the High Court, the first number is the second highest The Court of Session comes first.

[00:35:29]Court of Session.

[00:35:33]Now we have all read this word, Have to go. But sometimes we don't understand its true meaning.

[00:35:39]understand what the Court of Session means It happens?

[00:35:43]Look, the judicial system works as it is.

[00:35:46]On the basis of hierarchy. Meaning of hierarchy What is? As if it is a company. Ok?

[00:35:53]You have just got a new job in the company. Correct Is? So you are like a sales officer. Your The job is to make sales. So you need a specific Territory will be given that brother, these four neighborhoods Are. In these, the responsibility of selling is yours.

[00:36:09]That is your jurisdiction. then up to you Your sales manager will be in which you Like there would be many people.

[00:36:18]Your territory is within his territory.

[00:36:21]She must be coming. The entire city within his territory He must be coming. Only four localities come under your jurisdiction.

[00:36:24]who are in the same city Then there will also be a head of that sales manager who The regional manager speaks. It may be his The entire state comes under control.

[00:36:36]Isn't it? So this is called hierarchical.

[00:36:39]System.

[00:36:40]The same hierarchical system is followed in the judiciary as well.

[00:36:43]It works. that at the most local level you Small judicial magistrates will be seen Second class. Then the Judicial Magistrate of First class. Then controlling them Chief Judicial Magistrate and then above him What happens is the Court of Session.

[00:36:59]You should consider the Court of Session as also in the Sessions Division which is generally a District is any session division In The one who is sitting here establishing his dominance Let us assume that at any district level Your regional manager is your session manager.

[00:37:20]There is a court. There is a Court of Session.

[00:37:24]So suppose tomorrow if you are in lower judiciary Got selected. You became a magistrate tomorrow.

[00:37:31]So you are not so worried about the High Court.

[00:37:34]You will be worried about the Supreme Court, right?

[00:37:37]The Sessions Judge shall have his own Court of Session That he will bother you every day, will he bother you?

[00:37:45]Karega means that would be the person on whose side You will be held accountable if there is any mistake.

[00:37:50]I will have to go and stand there with my hands behind my back.

[00:37:56]So our judicial court of session There is a lot of difference in hierarchy because it The entire system at the district level Runs it. The High Court is for the entire state It operates at the district level but But at the level of Sessions Division, this Court of It is the session that does everything.

[00:38:18]Below this comes the Judicial Magistrate of First class. Now here many times children They become confused. The children say that Court of Session in other classes of courts After that, in the hierarchy, the chief The judicial magistrate should come. this we CGM speaks. So here at CGM Why is it not written?

[00:38:39]Now it is absolutely correct. We will continue to have many more Read the sections. there at any time If the topic of hierarchy comes up, it will be written like this It must be that brother, it is the Court of Session. Then the chief He is a judicial magistrate. Then the magistrate It is of first class. Then there is second class.

[00:38:52]But Section Six Chief Judicial Magistrate Why don't you talk about it?

[00:38:57]There is a reason behind this. And right here you They confuse with MCQs.

[00:39:03]Chief Judicial Magistrate is a post.

[00:39:06]But it is not a separate class in itself.

[00:39:09]Is.

[00:39:11]What is the meaning of this?

[00:39:13]If we look at it class-wise, The Chief Judicial Magistrate is also the Magistrate of It falls in the first class itself. Meaning Chief Judicial Magistrate also falls in this category Will come.

[00:39:25]He is called Chief Judicial Magistrate because They give him many judicial offices one of the Magistrates of the First Class A person has been chosen who will regulate everything.

[00:39:34]doing. Imagine you are in a class.

[00:39:36]Do you read? You all study in the same class It's as if they're all in fifth grade.

[00:39:40]Children. 50 children all in fifth grade You pick one child out of 50 children.

[00:39:46]made the monitor So even though the baby is the monitor, even though you It is up to the people to see it that way.

[00:39:54]If it is on practical then that too is class fifth.

[00:39:57]By becoming a monitor in the same class, he became a student of class six.

[00:39:59]I did not reach a little That's why CGM no doubt Practically, the judicial is above Magistrates of First Classes Judicial Magistrate of the First Class and Second class accountability towards CGM it occurs. But that is a separate class in itself.

[00:40:16]Not there.

[00:40:18]He is one of them.

[00:40:22]So always when you read section six Sometimes after the Court of Session, the Judicial Magistrate of the First Class, Chief Magistrate There is no question of judicial magistrate.

[00:40:31]The class that comes second comes Of the Judicial Magistrate of the First Class.

[00:40:36]Remember this while writing the answer also.

[00:40:38]If asked in Mains and Prelims also The Court of Session will come to you and then it will come.

[00:40:43]Judicial Magistrate of the First Class and Judicial Magistrate of the First Class Below comes the Judicial Magistrate of Second Class. These three classes are directly But it is based on hierarchy.

[00:40:55]Consider something like this, if this judicial Magistrate of the Second Class. it Judicial Magistrate of the First Class and This is the Court of Session. something of this kind There is a relationship between them.

[00:41:10]Ok?

[00:41:12]But here the judicial hierarchy ends.

[00:41:15]Is.

[00:41:18]After this, after listening to the fourth class The children are very shocked. be very confused Let's go.

[00:41:27]It is written here Executive Magistrates.

[00:41:31]and Executive Magistrate as we are now People came after studying section three, especially all In section two, brother, the judiciary has a share He is not there.

[00:41:39]Executive Magistrate to Essentially Do administrative work.

[00:41:43]When executives work, they Why in Classes of Criminal Courts Is it being inserted? It is not a court Is. Hey DM sir, this is not a court.

[00:41:53]SDM sir, this is not a court. ADM Sir, this is not a court. So we give them Hierarchy of Classes of Criminal Courts Why are you putting it in brother?

[00:42:05]Two things to understand.

[00:42:09]first thing It is absolutely correct that the executive Magistrate is essentially a part of the judiciary They do not exist.

[00:42:19]Inside B.A.S.S.

[00:42:22]Executive Magistrates also Some quasi-judicial Quasi Judicial Responsibilities for exercising functions Has been given.

[00:42:41]What does quasi judicial mean? which is complete is not judicial in any way and is completely It is not even administrative. of both There is some similar combination.

[00:42:56]Like I will give you an example of this.

[00:42:59]Now we will read one chapter further. Chapter As far as I remember he doesn't talk.

[00:43:05]Security for Keeping Peace and Good behavior, etc. So what do normal courts usually do?

[00:43:12]Hey son, brother, have you committed a crime?

[00:43:14]If there is a case against you, go to court.

[00:43:16]okay so you are a judicial magistrate First or Second or CGM or Court You will go to the off-session and there will be action against you.

[00:43:22]The trial will run But what was said in that chapter nine Suppose there is a person That person is very infamous.

[00:43:32]It is in the society. What is that brother infamous for?

[00:43:36]He creates a riot, brother, that fight He quarrels that brother creates unrest.

[00:43:42]Is.

[00:43:46]So in such a situation he has not committed any crime.

[00:43:48]So I didn't do it.

[00:43:50]So the ordinary court will not be able to do anything about it.

[00:43:52]In. too much about that person I won't be able to do it.

[00:43:57]But Chapter Nine says that The Executive Magistrate may, if he wishes, by issuing summons to a person who is generally It is the court's job to issue summons. summons issue a summon to the person in front of you.

[00:44:10]Can.

[00:44:12]And you can tell him that brother Tell me why should we not take security from you?

[00:44:19]Bhaiya will ask what security is there for? this thing You should not create any disturbance for the security of the country.

[00:44:26]We think you're a rioter.

[00:44:28]You spread unrest and provoke people.

[00:44:31]So you give me security of one lakh and give me two Bring security on your behalf.

[00:44:38]Guarantee that you will not misbehave.

[00:44:42]And if you don't do that, you I will get you put in jail.

[00:44:51]Watch this now In this power you get some judicial features.

[00:44:57]It is also visible that brother, he has issued the summons.

[00:45:00]He is talking about punishing him.

[00:45:03]He is threatening to send him to jail taking security assurance from him who Generally in bail bonds and bail we read There was some administrative work also.

[00:45:11]What is administrative? why does he do that Used to be? So that peace prevails in the society.

[00:45:15]Creating law and order. Law and Order Whose job is it to ensure that?

[00:45:18]Executive work, government work So it is a combination of both.

[00:45:26]So these quasi-judicial functions which Executives exercise Inside the Magistrate BASS For that reason they were included in this Classes of Criminal Courts was put in fourth place. But let me tell you Even though there is a hierarchy between them, the court Off session is at the top then JM is first Then JM is second but don't start thinking about it.

[00:45:49]that it is written at number four, so this JM will come under the second or this JM This hierarchy will not come below the first.

[00:45:56]is not part of The hierarchy starts here and ends here.

[00:46:02]It is different, it is separate, it is individual.

[00:46:05]Why should I tell you because the There are executive magistrates, right?

[00:46:09]They have their own separate hierarchy.

[00:46:12]In any district, as many Who is the Executive Magistrate?

[00:46:15]Who do you hold accountable to? District Towards the magistrate. in any subdivision To whom do all the magistrates answer?

[00:46:23]Do you hold them accountable? Sub Divisional Magistrate, whom we call SDM in short Let's say. So Executive Magistrates Has its own hierarchy. that judicial Are not part of the hierarchy. So it is good He is written at number four but he is the most Not below. Not the last one.

[00:46:38]The judicial hierarchy ended here. These was placed separately at number four because it exercising quasi-judicial functions Are. Bus So in section six, the classes of There are only four criminal courts mentioned.

[00:46:52]Are.

[00:46:54]In which the first is the Court of Session and the second Judicial Magistrate of the First Class.

[00:47:00]Third Judicial Magistrate of the Second Class And the fourth one, which is completely different, is the executive.

[00:47:05]Magistrate.

[00:47:11]Correct?

[00:47:13]after this Section Seven.

[00:47:18]Section 7 is also a very practical section.

[00:47:20]Is. Like telling classes in section six Didi, explained the hierarchy. Section Seven is here Work is done on territory basis.

[00:47:28]Territorial Division. Like I tell you this I was telling you that there is some such relationship that this If JM is second then this is JM first. it What is? This is the territory over which JM There will be control of seconds. This is the territory which But JM First will have control. this that Territory over which the Sessions Court has control will be. Something like this system executive It also applies to magistrates. So Section 7 does the same thing for territories.

[00:47:51]Above. What do you say? Subsection One Every State Shell as a Session Division and Shell Consist of Session Divisions and every session division shall for the purpose of This Anita be a district and Consist of Districts Now two or three words have come about which a little There is confusion.

[00:48:20]One word is Bhaiya State We understand the meaning of state, second The term is session division.

[00:48:31]And the third word is district.

[00:48:34]Particularly confusing is the session division and What is there between these two in the district?

[00:48:38]The difference is whether these two can be separated or No See These three are just different names.

[00:48:48]Convincing any territory to call For Essentially, the term used in criminal law is That is what the session division does.

[00:49:06]like now There is any particular state, what has the government done?

[00:49:12]Have you done it? How the state was organized Is? As if it is the entire Uttar Pradesh. Correct Is?

[00:49:19]Now that Uttar Pradesh in many small districts Has been divided.

[00:49:29]So this word district, right?

[00:49:31]Essentially is an administrative term.

[00:49:34]That's why we say district Magistrate.

[00:49:38]This is an administrative term. This is legal Or there is no judicial word.

[00:49:44]Ok?

[00:49:46]Now in every state, every state size Accordingly, the districts would have been bigger too.

[00:49:51]And the districts are also small Are. Now if you go to Uttar Pradesh There you will find some such districts Which are very big.

[00:50:03]But on the other hand, you are in some small state.

[00:50:05]Go to Kerala or North.

[00:50:07]If you go to any state in the East, there But the district will give you big and small Will meet.

[00:50:16]So whenever the criminal court is in session Divisions are created So if there is a state in which the district If they are big then there is one A Sessions Division was created for the district.

[00:50:29]It is said that brother, this is the entire district.

[00:50:31]There will be only one session division in this. session Division means that there is only one court in it It will be off session. A Court of Session complete Take care of the district.

[00:50:42]And if there is a state in which small If there is a district then there you will see You will find that in the same session division, three or four The districts will be covered because they From small ones, you will see that a session The judge is sitting there who is controlling the two to the district or to three districts So it completely depends on What is the condition of any particular state?

[00:51:04]On what basis of territory did they If demarcation etc. has been done then take them They are never confused So Session Division It can also come in a district. same There are many districts in the Sessions Division.

[00:51:21]May be. and in every single state Let me tell you, the system is completely different. If you are in UP etc., if you become a judge then you will see that your There is a very large territory under control. Any If you become a judge etc. in a small state then you You will see that you have control over very little area.

[00:51:36]This has to be done because the size of every state is different.

[00:51:41]Ok?

[00:51:43]So we can go to any state for criminal law.

[00:51:46]into different session divisions They divide it because there is a court of Sessions have to be created.

[00:51:53]Second The State Government may after consultation.

[00:51:58]Friends, this question comes in prelims.

[00:52:00]After consultation with the High Court, alter the Limits and the Numbers of Such Divisions and Districts.

[00:52:09]Now that we have talked about the big things, Bhaiya, there is a district in the session division.

[00:52:13]It is possible, more than one may come. Depend It depends on the size of the territory. But this decision Who will do it?

[00:52:19]Will the session judge sit and decide this?

[00:52:22]The Supreme Court will decide, the High Court The Central Government will decide, The state government will do it. Who will do it? Who shall state what is the territory of the Sessions Division Will it happen? What won't happen?

[00:52:32]So always remember the answer is state.

[00:52:35]Government. of any state which It is the state government that determines it.

[00:52:40]territory of the Sessions Division and he may, from time to time Can also change them. But always remember that when the Central State Government If she exercises this power then it is good for her It is mandatory that he should first be referred to the High Court.

[00:52:53]Have to consult with.

[00:52:56]State only after consultation with the High Court The power belongs to the state government. Power High Not the court's.

[00:53:02]Just the state government has to approach the High Court Exercise this power after consultation Have to do it.

[00:53:10]Ok?

[00:53:11]Then comes subsection three, The State.

[00:53:14]Government may, after consultation with the High Court Divide Any District Innu Sub Divisions. Now look, it's all about divisions.

[00:53:21]Has been.

[00:53:23]Here we are talking about session division.

[00:53:25]Was. Now we are talking about subdivisions and in Alter the Limits and Numbers of Such a Sub Division. Now look brother, you have session division Made it. As if this is a session division we Made it. Now in this we have Court of Session Made him stand. The Sessions Judge is sitting.

[00:53:44]But there are other judges too. Magistrate First Yes, Magistrate Second. So what did we do Are? This same session division that we have created now Let's divide it into pieces.

[00:53:55]It may be possible to split it into two parts.

[00:53:57]Give.

[00:53:59]So what would a piece be called?

[00:54:02]One piece will be called sub division.

[00:54:05]What will it be called? Sub division. what is the complete name Had been? Session Division. what is his piece Will it be called? Sub division.

[00:54:14]So as if there was a whole session division The district was coming. So we had that The district was divided into two parts.

[00:54:21]So what happened? Everything got divided.

[00:54:28]Who will do this work? This is also the state government Will do. Will you do it yourself? No. Hi Will do it after consultation with the court. Beans Process. Now break that territory further We are here. That's why they call it DM.

[00:54:40]SDM. What is the difference between DM and SDM?

[00:54:43]DM means District.

[00:54:44]Magistrate. What does SDM mean?

[00:54:46]Sub Divisional Magistrate. The DM is the one who Controls the entire district. And Who is the SDM who is responsible for all the matters in that district?

[00:54:53]Controls the division. only then would you say There are sub divisional magistrates. bean work The Sessions Court in the judiciary is the entire The session is controlling the division. And The parts of the Sessions Division which are They have separate division boards.

[00:55:06]will be given to the magistrates.

[00:55:11]Who is doing all this? State Government Tax After consulting the High Court And finally, the Sessions Divisions District Sub-division existing in the State at the Commencement of this Sata shall be deem to have Bean form under dista now that we have this 2023 I made a law and implemented it in 204.

[00:55:31]The system that was in place at that time Because everything is already in CrPC.

[00:55:35]All the session divisions and subdivisions were there.

[00:55:39]Since they were made, we decided to go for this BNSS.

[00:55:42]I have adopted it inside just like that.

[00:55:45]And it is assumed that all those session devices or district or subdivision is BASS are built inside. So we have no There hasn't been a major change in the system Is. Whatever was going on, it was going on as it was.

[00:55:58]Is.

[00:56:03]Ok? Is it clear?

[00:56:16]Ok? So understand the classes in section six.

[00:56:19]Took.

[00:56:21]Understanding Territorial Divisions in Section Seven Took.

[00:56:25]Now let's come to section eight. Now section eight What do you say?

[00:56:31]Section 8 talks about our classes We did not read it. Now one by one the We have studied the classes one by one.

[00:56:37]The section will come. So in section six, the most Which was the first class of court that you studied?

[00:56:42]Was? Court of Session.

[00:56:44]So section eight talks about that. Court Off session.

[00:56:52]It is a little lengthy. Ok? But no matter Not there. We will cover the points one by one.

[00:56:58]Very simple.

[00:57:01]The State Government should remember all this.

[00:57:04]It is asked in MCQs. The State Government shall establish a Court of Session For Every Session Division.

[00:57:14]Now it establishes the Court of Session Who is it?

[00:57:18]who does? The state government does it. So Usually one for each session division A Court of Session is constituted which is The government makes it. Subsection to Every Court of Session shall be proceeded over by A judge to be appointed by the High Court.

[00:57:35]This is very important. Don't you confuse Happen. Children get confused. Court The work of establishing off-season is Of the State Government. because he Creating a court is an administrative work.

[00:57:47]But the judge who will sit in that court Appointment of those whom we call Sessions Judges The High Court does it.

[00:57:56]The judge who is the session judge Who makes the appointment? High Court. So once If the State Government creates a Sessions Division Gave. Court of Sessions constituted in the Sessions Division Gave. Then what will the High Court do? That Appointment of Sessions Judge for Court of Session Will do it.

[00:58:15]Then comes subsection three. The High Court may also appoint Additional Sessions Judges to Exercise jurisdiction in a Court of Session.

[00:58:24]Now this is important. Many times children I am confused that Sir What is the difference between a Sessions Judge and an Additional Sessions Judge?

[00:58:32]Does it make a difference?

[00:58:38]Now look, understand it this way.

[00:58:41]As if This is a session division.

[00:58:47]Ok?

[00:58:50]Ok?

[00:58:52]Now this can happen in any state. Value Look, this session division can happen in UP.

[00:58:56]Be it in Bihar or Orissa or then be it in any state of North East or Be in any Southern state.

[00:59:05]Now it depends on what the situation is there.

[00:59:08]According to that there will be crimes here.

[00:59:12]There are many places where crime is rampant.

[00:59:14]It is less.

[00:59:17]So the work pressure will be less.

[00:59:20]But there will be some places where crime It's too much. The crime rate is very high Is. So obviously there is work pressure.

[00:59:27]It's too much. So sometimes it happens That is the entire work of the Sessions Division.

[00:59:33]This is the entire work of the Court of Session.

[00:59:36]The guy takes care of it.

[00:59:39]Whom we call Session Judge. So the High Court The man who was appointed as the Sessions Judge He is actually handling the entire work. Any There is no problem. But what happens sometimes that in any Sessions Division so much It is a crime that exists in India.

[00:59:58]That it is not something that one person can do. This much Being able to handle all the work.

[01:00:04]So what does the High Court do? This Sessions Judge to help Appoints Additional Sessions Judges.

[01:00:16]Additional, this word which is there, additional on this Please pay attention.

[01:00:21]If we look at the position, salary wise Look at it accordingly, according to the benefits See. Everything is the same. He is also a Sessions Judge.

[01:00:29]Also Sessions Judge. According to the status, if See.

[01:00:34]in any Sessions Division at There is only one Sessions Judge and apart from him the rest Those who are Additional Sessions Judges Are called. So, according to the position Is equal.

[01:00:49]But still, in terms of work, it is the best among all.

[01:00:53]All the remaining Additional Sessions Judges Come before the Sessions Judge. means between them the division of work that is done in Which file will go to whom? He is a Sessions Judge He does the same. So, you can go anytime, any Going to the Sessions Division also, you will see that many All you will see are session judges.

[01:01:14]But there must have been only one person called the Sessions Judge.

[01:01:16]Who usually sits in Court No. 1.

[01:01:18]Like it happens in Delhi that the court Sessions Judge's Court in Number One made in any District Court And apart from that, the rest of the session judges will be If Additional is written in front of them then their post Is equal And all the additional session judges are session Administrative work is under the jurisdiction of the judge In case it is okay then handle the work pressure This is done if and If I explain it practically, then if you believe in lower Judiciary not when you turn 35 If you have seven years of practice Do you crack the higher judiciary exam?

[01:01:59]So you will directly get the post you want.

[01:02:03]Additional Sessions Judge: This post will be given directly to you.

[01:02:06]Generally available in lower judiciary If you go down the path, then you will be on this post.

[01:02:11]You feel good as you arrive It takes a lot of time, up to 101 years.

[01:02:19]Hi, you can get this post directly in the judiciary.

[01:02:21]It is found.

[01:02:24]Ok? So this is how the hierarchy works.

[01:02:26]She does.

[01:02:28]Then let's all come to section four. The Sessions Judge of one Sessions Division may be appointed by the High Court to be also an Additional Sessions Judge of Another Sessions Division. And in such a case only Met for the disposal of cases at Such Place of places in the other division of the High Court I am direct. Now this is also very interesting.

[01:02:49]Is. These are very interesting ways to create There are tasks to handle.

[01:02:55]Just now, on one side, we were saying above that brother, one There is a district in which there is a single Sessions Judge If I am not able to handle all the work then I am left with Session Judges are required. So we additionally Appoint session judges.

[01:03:09]But friends, there may be another way.

[01:03:14]As if this is a session division.

[01:03:18]Ok? And as if there was another one next to it This is the session division.

[01:03:25]Ok? A sessions judge is sitting here. And Only one session judge is sitting here.

[01:03:32]Ok? But friends, believe me, the work that is done here There is very little work.

[01:03:40]And the work that's going on here is a lot of work.

[01:03:42]Is. Like let me take the example of Delhi. it The Sessions Division is in South Delhi.

[01:03:48]The crime rate there is comparatively low. it Session Division is in East Delhi.

[01:03:54]Here the crime rate has doubled, tripled and quadrupled.

[01:03:57]Is.

[01:04:00]So subsection four says that anyway This session is in its own subdivision.

[01:04:06]Judge.

[01:04:08]But we can do one thing because here There is a lot of work. So this same session judge has to do all this.

[01:04:14]Appoint an Additional Sessions Judge for the division.

[01:04:19]So when he sits here, the Sessions Judge Will be called. If he sits here then additional session He will be called a judge.

[01:04:28]So that means a sessions judge in a district Additional for any other district Can be a Sessions Judge.

[01:04:42]So if this session judge does not have work.

[01:04:44]The poor man is sitting idle, so he is given some other Put him to work in the district. Additional I am getting salary as a session judge Isn't it?.

[01:04:52]If the government is giving money then work will be done.

[01:04:53]Will get it removed. It's just a way to get the job done.

[01:04:58]Subsection Five: The Office of the Sessions Judge is vacant The High Court Makes Arrangements for the Disposal of any urgent application It is and may be made and pending before such Court of Session by an Additional Sessions Judge and if there is no Additional Sessions Judge by a Chief Judicial Magistrate, now see what happens Lagi Na Chief Judicial Magistrate in the Session Division and every such judge and magistrate shall Have jurisdiction to deal with any such Application. Now this is sub section five, right?

[01:05:36]This is very practical. what is this saying Understand first. Now when we read BASS further Neither will there be many such sections where But you will see that some powers are like this Which can only be exercised by a Sessions Judge Is.

[01:05:51]No one else can do it.

[01:05:54]Some steps are like this, some relief is like this, some Reliefs that can only be granted by a Sessions Judge He can give it and no one else can.

[01:06:06]So suppose it ever happens that in any session The Sessions Judge in the division is not available yes.

[01:06:15]He may fall ill, die, or go on a trip. yes It is possible that he might be a human being too.

[01:06:20]Sessions Judge. As if his post is lying vacant And during that time some such application came or Any work that only a Sessions Judge can do has come up.

[01:06:30]Could have done. to do any such power exercise The thing is that it is written inside BASS that Only the Sessions Judge will do it. Then what should we do?

[01:06:40]So here the responsibility falls on the High Court.

[01:06:42]She goes that so long as that vacancy exists, the Sessions Judge the post of Sessions Judge of the High Court Give the responsibility to any Additional Sessions Judge If there is more than one Additional Sessions Judge There is only one Additional Sessions Judge, so give it to him.

[01:06:58]He will give it, but suppose two additional judges are session judges.

[01:07:01]Or if there are three, grab any one of them.

[01:07:03]He will tell me that brother, till then you take care of the work.

[01:07:04]of the Low Sessions Judge okay brother But as we read, Additional Sessions Judge Whether it happens or not is not mandatory.

[01:07:15]It is possible that there is no need at all Only power to appoint Additional Sessions Judges What if he is a session judge? If such In what circumstances is the seat of Sessions Judge vacant?

[01:07:25]and if there is no Additional Sessions Judge, then the High Who is responsible for the post of Court Sessions Judge gives? gives it to the Chief Judicial Magistrate Because he comes next in the hierarchy.

[01:07:36]Then to whom does the Chief Judicial Magistrate, normally if there was a vacancy If there is a post of Sessions Judge then that responsibility goes to the Additional Sessions Judge if the Additional There is no session judge or that seat is also vacant.

[01:07:49]If so, that responsibility goes to the Chief Judicial Magistrate Pay CJ Then comes subsection six the court of Session Shall Ordinary Lee Hold It Sing At Such Place and Places as the High Court May by notification specify but if in any particular case the Court of Session of the Opinion that it will end by now You will see that many questions have been asked from here.

[01:08:17]General Convenience of the Parties and The Witnesses to Hold It Sing and Any Other Place in the Sessions Division it may with the consent Of the Prosecution and the Accused at the place for the disposal of the case and The examination of any witness or witnesses There.

[01:08:40]Look, where will the session judge sit?

[01:08:44]Its session division, that session division Where will his court be held?

[01:08:51]This is decided by the High Court.

[01:08:54]And how does one determine it? state together with the government that the state Where the government allotted the building that brother, this is the building which we If the District Court says so, then the High Court He will issue a notification and tell you that brother, who Our session judge is here, he will sit here.

[01:09:07]We will run our court here.

[01:09:10]Normally this happens, so normally the Sessions Judge Where will the Court of Session sit?

[01:09:16]This High Court will run under the Sessions Division It tells by issuing a notification on The session judge has a very There is important power.

[01:09:32]As if the Sessions Judge ever felt that the place The High Court has stated To prosecute any case Not right.

[01:09:46]Or it may be that there is no such necessity Is it coming because of the victim or someone Is it coming because of the witness or the accused?

[01:09:54]Are you coming because of this or from the prosecution side?

[01:09:56]You are coming because So, if the Sessions Judge wishes, his court can be divided into Inside the Sessions Division Can hold it anywhere, wherever He feels it is right to do so wherever he According to this, there is more convenience for parties.

[01:10:16]Greater convenience for witnesses So it means that the session judge is not bound.

[01:10:21]Exceptional to the High Court notification In circumstances he holds his court and his sessions Can conduct anywhere in the division There is only one condition for this, son, and that condition is What is that if the High Court by the High Court Session at a place other than the one specified by Division Sessions Judge to conduct his Court wants inside the Sessions Division So he should take permission before doing so.

[01:10:49]It falls.

[01:10:52]Consent has to be taken. Whose? Both Had parties. Prosecution side as well of the Accused Side. And when both sides The Sessions Judge can do this only if consent is obtained.

[01:11:06]finds it.

[01:11:09]Ok? Is it clear?

[01:11:13]After this comes the Sessions Judge from the sub-section May from time to time make orders Consistent with Sanita as to the Distribution of business among the additional Sessions Judge, I told you this.

[01:11:29]Although the posts of Sessions Judge and Additional Sessions Judge Equal but still hierarchically Practically Administratively Joe Additional Sessions Judges are subordinate to the Sessions Judge and the greatest danger of being subject to them Because this is all section seven. It says that The work that is divided is called the additional session.

[01:11:50]He judges the session between the judges. Now As if on any such day the Sessions Judge 50 files came in. 50 new cases came.

[01:12:00]So the Sessions Judge will decide that out of these 50 Which case and how many cases, which additional Will go to the session. Which Additional Sessions Judge Will go. Which ones is he going to keep for himself? One In a way, the roster of the session division is This is controlled by the session judge.

[01:12:19]Then comes the last section, friends.

[01:12:21]Section et. The Sessions Judge may also make Provision for the disposal of any urgent Application in the event of his absence and Inability to act by an Additional Sessions Judge.

[01:12:36]and if there be no Additional Sessions Judge by the Chief Judicial Magistrate and Chief Judge and Magistrate should be deemed to have jurisdiction to Deal with any such application. Now all this Section 8, we have read here that Everything is exactly the same as section five.

[01:12:52]As I mentioned in subsection five Don't believe that there is a vacancy for the post of Sessions Judge.

[01:12:58]yes. He may be vacant but he may have died. His The term has been completed. give resignation etc. Have given it. In such a situation, the High Court Whatever it is, it is such an urgent application or such Responsibilities for taking urgent action would have given it to an Additional Sessions Judge or If there is no Additional Sessions Judge, then he shall be the Chief He used to give it to the judicial magistrate.

[01:13:20]Exactly the same power as the Sessions Judge It has been given by myself also.

[01:13:27]As if the post of Sessions Judge is not vacant Stayed forever. It does not mean that his Is his term ending or is he resigning?

[01:13:34]Or he is dead. Mano Sessions Judge Marriage or his own daughter If there is a marriage then leave for 15 days going. for example So there is absence but it is a temporary absence.

[01:13:48]So this arrangement was made before the session judge left.

[01:13:51]It can be said that in his absence if Any urgent application comes or any It may also be necessary to take steps that Only I can lift it. So which one is that The Additional Sessions Judge will take up the responsibility, meaning who will take charge of that responsibility?

[01:14:04]will take care of him while he is absent and If there is no Additional Sessions Judge, he will be Responsibility of the Chief Judicial Magistrate I can give it away until I am gone Brother, Chief Judicial Magistrate, you are that You make all the decisions and take all the steps.

[01:14:19]So take that work in section five.

[01:14:21]I was doing the court because there was vacancy.

[01:14:25]In Section 8, the same work is being done by the Sessions Judge himself.

[01:14:27]Because he is temporarily absent Ok? Then comes the last Explanation.

[01:14:36]For the purposes of this Sanita appointment Does not include the first appointment posting and promotion of a person by the Government to any service and post in in connection with the affairs of the Union and of a State where under any law such appointment Posting and promotion is required to be Made by the Government Now it will be difficult for you to hear the explanation.

[01:15:04]It will seem confusing, what is this?

[01:15:06]Has been. Where is this coming from?

[01:15:09]Let me show you this first.

[01:15:13]See Our section eight has state inside it.

[01:15:20]The government was given the power to Establishes Court of Session. But high The court was given the power to appoint a Sessions Judge appoints. So the appointment The power was of the High Court. So when we I read subsection two and read that Bhaiya High If the court appoints a session judge then we It seemed like what would the High Court do, brother?

[01:15:44]He would have caught any lawyer.

[01:15:46]And he must have said that brother, from today you are a session judge.

[01:15:49]became. Meaning, after hearing this, it felt like direct There might be an appointment, perhaps to the post of Sessions Judge.

[01:15:54]But. So it is not like that.

[01:15:58]Direct appointment to the post of Sessions Judge It does not happen.

[01:16:03]A person directly appointed to the post of Sessions Judge Does not reach.

[01:16:09]He always comes down the stairs.

[01:16:12]how comes? Like if you are from lower judiciary If you go, you will have to climb many stairs from the bottom.

[01:16:19]That you will be able to reach. Access to Sessions Judge You will go. It will take 15-20 years but you will reach there.

[01:16:25]You will go. Ok?

[01:16:28]So first you got a job in the state government.

[01:16:31]You worked as a judge in You got promoted, promoted, promoted first You will be a Judicial Magistrate Second then You will be promoted first and then you will become CGM.

[01:16:43]Then you will become Additional Sessions Judge and then went and became a sessions judge through and throughout the promotion, you He was a state government employee and a judge.

[01:16:54]The state government was paying you salary.

[01:16:58]Even if you go through the higher judiciary Even if it happens, you do not become a direct session judge.

[01:17:02]You become an Additional Sessions Judge. So, first of all, You work in a government job. his You eat your salary and then go and get promoted.

[01:17:10]You become a session judge.

[01:17:14]So the High Court makes the appointment. But Appointment to the High Court from among those Which is already in service. state The judge is working for the government.

[01:17:26]So this is the language of explanation You may find this a bit confusing. But What I am trying to explain to you that's what happens when we read the appointment No, in subsection two it means first There is no appointment directly brother We picked someone up and made him a session judge. over there appointment means that any such Person who already has the right to working and he's posting and ultimately to that post through promotions access to So even if the appointment is made when a Sessions Judge It will be formed in the name of High Court but it Gradually, administratively from the bottom He will get promoted from there to there.

[01:18:05]Whether he comes from the lower judiciary or Go to higher judiciary. Both equations.

[01:18:11]Ok? Is it clear? This is yours Explanation.

[01:18:15]Now let's take a look at the time.

[01:18:20]Now the next thing is about magistrates.

[01:18:22]Let's do one thing. In today's session, we Let's end it here friends.

[01:18:27]Because tomorrow we start class, He will start with section nine. And The entire discussion was of magistrates.

[01:18:33]will be. Now I want to have a little discussion Should I get it done by the magistrate? If you tell me again tomorrow If it falls, there is no benefit. So the section We will start the discussion at nine.

[01:18:41]Of judicial magistrates. then within 10 We will talk about Chief Judicial and Additional.

[01:18:46]Then there is the matter of Special Judicial Magistrates.

[01:18:47]do. Then their local jurisdiction We will understand and then understand their subordination.

[01:18:52]We will have this entire discussion till section 13 tomorrow.

[01:18:56]We will do it together. Ok? and then after that We will move on, executive.

[01:19:00]To the magistrates.

[01:19:03]So, by the way, tomorrow is Friday. Friday's Day We generally keep a case loss day. But Because we haven't covered that much content yet.

[01:19:11]I found that we should cover topics By choosing. So let's do one thing this week.

[01:19:16]Let's skip the cases. next week's By the time Friday comes I think we'll be People did 25-30 sections very easily.

[01:19:23]Must have done it. So we have enough I'll be content to give you a seven, a six, Let me prepare seven or eight cases and bring them. Because If I go to look for cases right now, I will give two Four cases will be available because the definition is still Will you be able to read only this or the preliminary section As soon as we read it, the cases started.

[01:19:38]We will do it from Friday of next week and this As far as notes are concerned, I also have notes I will not upload yours this week because What notes will I make for four or five sections?

[01:19:47]So when the next week comes, it will be the next week only.

[01:19:50]Together we will complete all the sections.

[01:19:52]Bye Next Friday together Prepare and upload their notes We will give it as if we don't have to work double right now.

[01:19:58]Whatever we taught you can get directly from BayX Revise it. Ok? Now see you tomorrow And tomorrow we'll start with section nine and Tomorrow we will try to get this judicial Magistrates and Executive Magistrates Let our discussion end.

[01:20:11]I mean, this course discussion is May our tomorrow end. Chapter Two People finish it. Ok? Come on then thank you so Mach. Tata bye bye. See you all. Good night.

[01:20:23]See you tomorrow.

[01:20:28][nasal sound] Bye