BNSS Section 21 — Courts by which offences are triable

CHAPTER III POWER OF COURTS

Criminal

Summary

Subject to other rules in this Sanhita, any offence under the Bharatiya Nyaya Sanhita, 2023 can be tried by the High Court, the Court of Session, or any other court listed in the First Schedule as having authority to try that offence. However, offences under sections 64 through 71 of that Sanhita must, as far as possible, be tried by a court presided over by a woman. For offences under any other law, if that law names a specific court, that court must try the offence; if no court is named, the offence may be tried by the High Court or any other court listed in the First Schedule as having authority to try it.

Official Text

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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)

Old <-> New Code Mapping

  • CrPC §26 — Courts by which offences are triable