CrPC Section 26 — Courts by which offences are triable

Summary

The rules below apply subject to the other provisions of the Code.

Clause (a) covers offences under the Indian Penal Code. It provides that these offences may be tried by the courts listed in sub-clauses (i) to (iii).

Under sub-clause (i) of clause (a), an offence under the Indian Penal Code may be tried by the High Court.

Under sub-clause (ii) of clause (a), an offence under the Indian Penal Code may be tried by the Court of Session.

Under sub-clause (iii) of clause (a), an offence under the Indian Penal Code may be tried by any other court that the First Schedule shows as able to try that offence.

The proviso to clause (a) states that offences under section 376 and the listed sections 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E of the Indian Penal Code are, as far as practicable, to be tried by a court presided over by a woman.

Clause (b) covers offences under laws other than the Indian Penal Code. If the other law names a court for trying the offence, that court is to try it. If the law names no court, the offence may be tried by the courts listed in sub-clauses (i) and (ii).

Under sub-clause (i) of clause (b), an offence under another law, where that law names no court, may be tried by the High Court.

Under sub-clause (ii) of clause (b), such an offence may be tried by any other court that the First Schedule shows as able to try it.

Official Text

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.

Sections referred to

• IPC §376 — Punishment for rape
• IPC §376A — Punishment for causing death or resulting in persistent vegetative state of victim
• IPC §376AB — Punishment for rape on woman under twelve years of age
• IPC §376B — Sexual intercourse by husband upon his wife during separation
• IPC §376C — Sexual intercourse by person in authority
• IPC §376D — Gang Rape
• IPC §376DA — Punishment for gang rape on woman under sixteen years of age
• IPC §376DB — Punishment for gang rape on woman under twelve years of age
• IPC §376E — Punishment for repeat offenders

Related Judgments

• SECURITIES AND EXCHANGE BOARD OF INDIA vs CLASSIC CREDIT LTD — Supreme Court of India (2017)
• SUDHLR AND ORS. vs STATE OF M.P — Supreme Court of India (2001)
• DIRECTORATE OF ENFORCEMENT vs DEEPAK MAHAJAN AND ANR — Supreme Court of India (1994)

Old <-> New Code Mapping

• BNSS §21 — Courts by which offences are triable