Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 21

BNSS 21: earlier CrPC 26

Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 26 of the Code of Criminal Procedure, 1973. BNSS 21 deals with courts by which offences are triable. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nagarik Suraksha Sanhita

BNSS 21 was CrPC 26.

Courts by which offences are triable.

Carried over
83% of the old wording kept
Old · CrPC 1973 · Ch. III
s. 26
Courts by which offences are triable
Subject to the other provisions of this Code,—
(a) any offence under the Indian Penal Code (45 of 1860) may be tried by−
(i) the High Court, or
(ii) the Court of Session, or
(iii) any other Court by which such offence is shown in the First Schedule to be triable:
1[Provided that any 2[offence under section 376, 3[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, 376DB] or section 376E of the Indian Penal Code (45 of 1860)] shall be tried as far as practicable by a Court presided over by a woman.]
(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by—
(i) the High Court, or
(ii) any other Court by which such offence is shown in the First Schedule to be triable.
Text from the official India Code PDF
New · BNSS 2023 · Ch. III
s. 21
Courts by which offences are triable.
Subject to the other provisions of this Sanhita,—
(a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by—
(i) the High Court; or
(ii) the Court of Session; or
(iii) any other Court by which such offence is shown in the First Schedule to be triable:
Provided that any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman;
(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by—
(i) the High Court; or
(ii) any other Court by which such offence is shown in the First Schedule to be triable.
Text from India Code

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