Number - Section 9

How to file/defend your case for Section 9 offence? 

Defending one’s case in this matter can cause a tinge of trouble to both parties. If the document has not explicitly specified any section or note that the execution should be taken into consideration only on a single basis, then the Advocates have the burden to prove that document was in plural or single number, whichever appropriate and fitting their client’s needs. 

If the prosecution or defense has strong and vital evidence through which it can be observed that this executor deliberately caused damage and has a malicious intention. The accused can be punished as the Court fits it mandatory.

Is Section 9 a bailable or non-bailable offence?           

As stated above, there are no rigid laws in this matter, the accused can be set free before the trial on bail if the Courts deem fit.

Famous judgment w.r.t. Section 9:

Rajesh Choudhary vs State Of Rajasthan on 12 November 1986

The learned Sessions Judge by his impugned order upheld the preliminary objection and it was held by the learned Sessions Judge that the Additional Sessions Judge exercises the power of the Sessions Court in the cases, which are transferred to him for trial and as such, in the cases, which have been transferred to the Additional Sessions Judge, the Sessions Judge has no power, authority or jurisdiction to hear the applications for bail. As the Additional Sessions Judge when passes any order, he exercises the jurisdiction of the Court of J "Session, and the Additional Sessions Judge has no independent or any other power other than the jurisdiction or power of Sessions Court. So, the question that arises for consideration in these revision petitions is as to whether the Court of Session has jurisdiction or is competent to hear an application for bail Under Section 439, Cr. P.C. even when the application for bail is rejected by the learned Additional Sessions, Judge. For the proper appreciation and adjudication of the controversy, it is necessary to look into the relevant provisions of the Code of Criminal Procedure, 1973 and the scheme of the Code. Chapter II of the Code of Criminal Procedure, 1973 deals with the constitution of criminal courts and offices. The relevant provisions in this Chapter are Section 6, 7, 9, and 10.  Section 6 provides classes of Criminal Courts. It lays down as under Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely 

1. Court of Session;

2. Judicial Magistrates of the First Class and, in any metropolitan area, Metropolitan Magistrates;

3. Judicial Magistrates of the second class; and

4. Executive Magistrates.

Section 7 deals with Territorial Division and it, inter alia, provides that every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts. The most material provision is Section 9, which is reproduced hereunder:

Court of Session:

1. The State Government shall establish a Court of Session for every Sessions division.

2. Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.

3. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.

4. The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

5. Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application, which is, or maybe, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

6. The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify, but, if, in any particular case, the Court of Session is of the opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the Sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.

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Conclusion: Law can at times be ambiguous. Section and Article are hard to understand from a layman's perspective, but with short research from Google or by reading blogs, articles stated by learned people one can only have limited knowledge on the topic. Advocates after years of practice, hard work, research have learned and completely understood the mindset of our ancestors. Professional help or as stated by our Constitution “Legal Aid” is every citizen’s fundamental right, therefore, it's your Advocate's duty to understand your case and present it in a manner that shall befit his client’s needs.