Section 26 - Courts by which offences are triable | Code of Criminal Procedure Act, 1973 vs The Bharatiya Nagarik Suraksha Sanhita, 2023 | LawFinder

Code of Criminal Procedure Act, 1973

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;

(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.

The Bharatiya Nagarik Suraksha Sanhita, 2023Chapter IIIPower of Courts

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.