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CrPC · Chapter II · Constitution of criminal courts and offices

CrPC section 10 in the BNSS

CrPC 10Not carried over

CrPC section 10, “Subordination of Assistant Sessions Judges”, was not carried into the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the CrPC on 1 July 2024.

What changed

Why there is no BNSS section

Not carried into the BNSS, which abolishes Assistant Sessions Judges. Distribution of business among Additional Sessions Judges is now dealt with in BNSS section 8.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 10 Subordination of Assistant Sessions Judges

(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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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