BNSS Impact on Assistant Sessions Court Powers
The introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, effective from July 1, 2024, has sparked numerous questions among legal practitioners, litigants, and the public regarding its implications on existing courts. A key concern is the effect of Assistant Sessions Court after coming into force of BNSS. Does this new procedural law diminish the court's authority, or does it merely refine it? This blog post delves into the jurisdiction, powers, and procedural shifts, drawing from judicial precedents and statutory provisions to provide clarity.
While this analysis offers general insights based on available case law, it is not a substitute for professional legal advice. Consult a qualified lawyer for case-specific guidance.
Understanding BNSS and Its Transition from CrPC
The BNSS repeals the Code of Criminal Procedure, 1973 (CrPC), ushering in modernized criminal procedures. However, the transition is not abrupt for all matters. Section 531(2)(a) of the BNSS explicitly safeguards ongoing proceedings: all the pe.... Krishan Joshi VS State of Rajasthan, Through Director General of Police - Crimes (2024)Krishan Joshi S/o Shri Bhanwar Lal VS State Of Rajasthan - 2024 0 Supreme(Raj) 424
Courts have emphasized that trials, inquiries, or investigations commencing after the coming into force of the BNSS, 2023, are required to be dealt with as per the provisions of the BNSS. Conversely, proceedings initiated prior continue under the CrPC. In Re: XXX VS State Of Arunachal Pradesh - 2024 0 Supreme(Gau) 1360
This distinction is crucial for Assistant Sessions Courts, which handle serious criminal trials, appeals from magistrates, and specific inquiries.
Role and Jurisdiction of Assistant Sessions Court Pre- and Post-BNSS
Assistant Sessions Courts, presided over by Assistant Sessions Judges, exercise powers akin to Sessions Courts in designated cases. The Sessions Court, presided over by a Sessions Judge, holds significant judicial authority, including the power to try serious criminal cases and pass substantive judgments. Abdul Raqib @ Pehtul vs State of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. - Allahabad (2025)
Post-BNSS, this jurisdiction remains intact. The enactment of BNSS and related laws generally does not alter the fundamental jurisdiction of the Sessions Court but clarifies or consolidates its powers, especially in cases involving criminal proceedings, property inquiries, or specific statutes like the Immoral Traffic Act. Abdul Raqib @ Pehtul vs State of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. - Allahabad (2025)Poduri Ranjith vs The State of Telangana - Telangana (2025)Pilligandla Shivaprasad vs The State of Telangana - Telangana (2025)
Key functions include:- Trying offences punishable with imprisonment over seven years.- Hearing appeals from Magistrates.- Conducting inquiries under statutes like the Immoral Traffic (Prevention) Act, 1956. Poduri Ranjith vs The State of Telangana - Telangana (2025)Pilligandla Shivaprasad vs The State of Telangana - Telangana (2025)
Sessions Courts continue to exercise their original jurisdiction over criminal cases, including those involving trafficking, property disputes, and other serious offences, with their powers being explicitly recognized and upheld after the BNSS enactment. Poduri Ranjith vs The State of Telangana - Telangana (2025)Pilligandla Shivaprasad vs The State of Telangana - Telangana (2025)
Cognizance and Proceedings: Pre-BNSS vs. Post-BNSS
A pivotal case illustrates this: On a revision being preferred to the learned Assistant Sessions Judge, Delhi, the learned Judge came to a conclusion that since cognizance had been taken after the coming into force of BNSS, the Magistrate erred in taking cognizance without issuing notice and hence, set aside the orders. G.Ganesan vs The Deputy Director, Directorate of Enforcement, Ministry of Finance, Chennai - 2025 Supreme(Online)(Mad) 71092
Here, cognizance on July 19, 2024, post-BNSS, triggered application of new rules, highlighting that the Magistrate took cognizance for the offence of defamation on 19.07.2024, after the coming#..... G.Ganesan vs The Deputy Director, Directorate of Enforcement, Ministry of Finance, Chennai - 2025 Supreme(Online)(Mad) 71092
For FIRs registered before enforcement, such as on February 2, 2024: A perusal of the above clearly reveals that the FIR was registered on 02.02.2024 i.e. prior to coming into force of The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) with effect from 01.07.2024. Such cases proceed under CrPC, but post-enforcement actions align with BNSS where applicable. Arshdeep Singh alias Arsh VS State of Punjab - 2024 0 Supreme(P&H) 544Krishan Joshi S/o Shri Bhanwar Lal VS State Of Rajasthan - 2024 0 Supreme(Raj) 424Krishan Joshi VS State of Rajasthan, Through Director General of Police - Crimes (2024)
No doubt, procedural laws can be applied retrospectively, subject of course to the judicial review, but in view of Section 531(2)(a) of the BNSS herein, it is amply cl..... Sanjit Kar S/o Shyama Pada Kar VS State Of AP represented through Public Prosecutor - 2024 Supreme(Gau) 1072 - 2024 0 Supreme(Gau) 1072
Pending Matters and the Repeal Effect
The BNSS came into force vide Notification dated 23-02-2024, repealing CrPC immediately from July 1, 2024. When the Public Prosecutor raised a preliminary objection regarding the maintainability of the Petition in view of the BNSS coming into force on 01-07-2024, the ..... Deepam Pradhan and Ors. v/s Krishna Kumari Bhandari and Ors. - 2025 Supreme(Online)(Sikk) 37
Pending trials, appeals, inquiries, or investigations prior to BNSS continue under CrPC. The BNSS explicitly states that all proceedings pending before its enforcement, including investigations, inquiries, and appeals, should be continued under the Cr.P.C., 1973. Section 531(2)(a) preserves these. In Re: XXX VS State Of Arunachal Pradesh - 2024 0 Supreme(Gau) 1360G.Ganesan vs The Deputy Director, Directorate of Enforcement, Ministry of Finance, Chennai - 2025 Supreme(Online)(Mad) 71092
Thus, the quashing petition (filed on 01.07.2024) was not pending though investigation of ..... In Re: XXX VS State Of Arunachal Pradesh - 2024 0 Supreme(Gau) 1360
Judicial Interpretations and Limitations
Courts affirm that BNSS does not erode substantive powers. The Court’s authority to decide cases, including quashing proceedings or dismissing cases lacking evidence, remains intact and is not constitutionally or legislatively limited by the BNSS. Poduri Ranjith vs The State of Telangana - Telangana (2025)
Limitations include procedural amendments, e.g., repeal of certain CrPC sections like 483 and 529, affecting process but not core jurisdiction. The Court’s jurisdiction may be subject to procedural rules and specific amendments, such as the repeal or modification of certain sections (e.g., Sections 483 and 529), but these generally pertain to procedural aspects rather than substantive jurisdiction. Abdul Raqib @ Pehtul vs State of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. - Allahabad (2025)
In historical context, similar transitions were addressed: Effect of Repeal of I.P.C. and Cr.P.C. and enforcement of new Criminal Laws (BNS and BNSS) was also considered by the Punjab & Haryana High Court. Deepu VS State of U. P. - Crimes (2024)
The Full Court in Hiralal Nansa Bhavsar (supra) further held that when a Court has already taken cognizance of a prosecution under the Code of 1898 and the order of conviction is recorded after coming into force of the new Code of 1973, further proceedings in respect of appeal against the said order .... ABDUL KHADER S/O MUHAMMED VS STATE OF KERALA - 2024 0 Supreme(Ker) 856
Practical Implications for Litigants
- Verify initiation date: If FIR or cognizance pre-BNSS, expect CrPC continuity.
- Post-BNSS actions: New proceedings strictly under BNSS.
- Assistant Sessions Court powers: Retained for trials, quashing, and dismissals within statutory bounds.
- Appeals and revisions: Subject to transitional provisions.
Recommendations: Ensure proceedings post-BNSS align with new framework; check amendments affecting your case.
Conclusion and Key Takeaways
The BNSS consolidates rather than curtails Assistant Sessions Court powers. After the coming into force of the BNSS, the Sessions Court retains its jurisdiction and powers to try criminal cases, including those under statutes like the Immoral Traffic (Prevention) Act. The BNSS consolidates and clarifies the Court’s authority but does not diminish or fundamentally alter its judicial powers. Abdul Raqib @ Pehtul vs State of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. - Allahabad (2025)Poduri Ranjith vs The State of Telangana - Telangana (2025)Pilligandla Shivaprasad vs The State of Telangana - Telangana (2025)
Key takeaways:- Pending pre-July 1, 2024, matters: CrPC applies. In Re: XXX VS State Of Arunachal Pradesh - 2024 0 Supreme(Gau) 1360Arshdeep Singh alias Arsh VS State of Punjab - 2024 0 Supreme(P&H) 544- New proceedings: BNSS governs. G.Ganesan vs The Deputy Director, Directorate of Enforcement, Ministry of Finance, Chennai - 2025 Supreme(Online)(Mad) 71092- Jurisdiction intact, with procedural tweaks.
This shift promotes efficiency while preserving judicial continuity. Stay informed on updates, as courts continue interpreting these changes.
Key References:- Abdul Raqib @ Pehtul vs State of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. - Allahabad (2025)Poduri Ranjith vs The State of Telangana - Telangana (2025)Pilligandla Shivaprasad vs The State of Telangana - Telangana (2025)- G.Ganesan vs The Deputy Director, Directorate of Enforcement, Ministry of Finance, Chennai - 2025 Supreme(Online)(Mad) 71092In Re: XXX VS State Of Arunachal Pradesh - 2024 0 Supreme(Gau) 1360Arshdeep Singh alias Arsh VS State of Punjab - 2024 0 Supreme(P&H) 544Deepam Pradhan and Ors. v/s Krishna Kumari Bhandari and Ors. - 2025 Supreme(Online)(Sikk) 37Sanjit Kar S/o Shyama Pada Kar VS State Of AP represented through Public Prosecutor - 2024 Supreme(Gau) 1072 - 2024 0 Supreme(Gau) 1072Krishan Joshi S/o Shri Bhanwar Lal VS State Of Rajasthan - 2024 0 Supreme(Raj) 424Krishan Joshi VS State of Rajasthan, Through Director General of Police - Crimes (2024)Deepu VS State of U. P. - Crimes (2024)ABDUL KHADER S/O MUHAMMED VS STATE OF KERALA - 2024 0 Supreme(Ker) 856
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