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CHAPTER III POWER OF COURTS

Section 26: Courts by which offences are triable

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

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.

Footnotes in the official text

  1. 1.Ins. by Act 5 of 2009, s. 4 (w.e.f. 31-12-2009).
  2. 2.Subs. by Act 13 of 2013, s. 11, for “offence under section 376 and sections 376A to 376D of the Indian Penal Code (45 of 1860)” (w.e.f. 3-2-2013).
  3. 3.Subs. by Act 22 of 2019, s. 10, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2018).

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

26. Courts by which offences are triable.BNSS 21

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