Code 21: Courts By Which Offences Are Triable
Code:
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.
Explanation: on Courts By Which Offences Are Triable
This section of the BNSS Code outlines the jurisdiction of various courts to try offences. It establishes the following:
- Offences under the Bharatiya Nyaya Sanhita (BNS), 2023 can be tried by the High Court, the Court of Session, or any other court specified in the First Schedule of the BNSS.
- Specifically, offences related to sexual assault, harassment, and exploitation (sections 64-71 of BNS) should be tried by courts presided over by a woman, as far as practicable.
- Offences under other laws are tried by the courts mentioned in those laws. If no specific court is mentioned, the High Court or any court specified in the First Schedule of the BNSS can try the offence.
Illustration:
If a person is charged with murder (an offence under BNS), the case can be tried by the High Court, the Court of Session, or any other court listed in the First Schedule of BNSS for that particular offence.
However, if a person is charged with sexual harassment (an offence under BNS), the trial, as far as practicable, should be conducted by a court presided over by a woman.
Common Questions & Answers: on Courts By Which Offences Are Triable
Q: What is the First Schedule of the BNSS?
A: The First Schedule of the BNSS lists the offences and the respective courts that have jurisdiction to try them.
Q: Can a High Court try any offence?
A: Yes, the High Court can try any offence under the BNS or any other law. But a specific court is to be mentioned in the law for that particular offence.
Q: Can a Court of Session try any offence?
A: A Court of Session can try any offence under the BNS. It may not have jurisdiction to try offences under other laws unless specifically mentioned in those laws.
Q: Is there a specific requirement for women to preside over courts trying sexual assault cases?
A: This section states that these cases should be tried by courts presided over by women, “as far as practicable.” This means it is a guideline rather than a strict requirement.
