The State Government can redraw judicial districts on its own whenever it wants.

The law requires the State Government to consult the High Court before altering or creating sessions divisions, districts, or sub-divisions.

When BNSS replaced the CrPC, all districts and divisions had to be legally recreated from scratch.

Sub-section (4) automatically carries forward all existing sessions divisions, districts, and sub-divisions as if they were made under this new section.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 7

Territorial divisions

(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of districts.§

(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.§

(3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.§

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section.§

Why this exists

Criminal justice administration in India needs a clear geographic map so that courts, police jurisdictions, and judicial officers know exactly which area they are responsible for. This provision (carried forward from Section 7 of the old Code of Criminal Procedure, 1973) ensures every part of a state falls under some sessions division and district, giving structure to where Sessions Courts and Magistrates operate. Requiring consultation with the High Court before changes are made protects judicial independence in decisions that affect court administration, since the High Court has practical knowledge of caseloads and judicial infrastructure in each area.

Common misconceptions

Myth: The State Government can redraw judicial districts on its own whenever it wants.
Fact: The law requires the State Government to consult the High Court before altering or creating sessions divisions, districts, or sub-divisions.
Myth: When BNSS replaced the CrPC, all districts and divisions had to be legally recreated from scratch.
Fact: Sub-section (4) automatically carries forward all existing sessions divisions, districts, and sub-divisions as if they were made under this new section.