Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division: Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Sanhita or any other law for the time being in force.
Bharatiya Nagarik Suraksha Sanhita
Section 205
Power to order cases to be tried in different sessions divisions
Englishहिंदी
⚡ Quick Answer Reference: Section 205 BNSS
- Provision: Section 205 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: The State Government can decide to try a case or group of cases in a different sessions division, but only if it doesn't go against any previous orders from the High Court, Supreme Court, or other laws.
Statutory Content
What does Section 205 of BNSS say?
Indian StandardSection 205, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 205 (India)
Court Pleading StandardSection 205 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/205
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 205 of BNSS mean?
Plain English Explanation
The State Government can decide to try a case or group of cases in a different sessions division, but only if it doesn't go against any previous orders from the High Court, Supreme Court, or other laws.
Practical Interpretation
In real practice, this section allows the State Government to transfer cases to different sessions divisions, but they must follow the existing legal framework and not contradict any previous orders.
Core Legal Purpose
The core purpose of this section is to give the State Government flexibility in managing cases, while ensuring that their decisions do not conflict with higher court orders or other laws.
Key Legal Elements
- •The State Government has the power to direct the trial of a case or class of cases in a different sessions division.
- •The direction must not be repugnant to any previous order issued by the High Court, Supreme Court, or other laws.
- •The State Government's decision must be in accordance with the existing legal framework.
- •The direction must not contradict any previous order or law.
Practical Example
Practical Example of Section 205 BNSS
Rajesh, a resident of Mumbai, is accused of committing a crime in the city. However, the State Government decides to try the case in a sessions division in another city, as per Section 205 of BNSS. This is because the State Government believes that the case can be tried more efficiently in the other sessions division. The decision is made in accordance with the existing legal framework and does not contradict any previous order or law.
Common Questions (FAQ)
Frequently Asked Questions about Section 205 BNSS
Q: What is the punishment or consequence under Section 205 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the power of the State Government to direct the trial of cases.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with the classification of offences as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 205 BNSS
What is Section 205 of BNSS?
Section 205 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to order cases to be tried in different sessions divisions". In plain terms: The State Government can decide to try a case or group of cases in a different sessions division, but only if it doesn't go against any previous orders from the High Court, Supreme Court, or other laws.
What is the punishment under Section 205 of BNSS?
Section 205 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 205 of BNSS bailable or non-bailable?
Whether Section 205 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 205 of BNSS?
The essential elements of Section 205 of BNSS are: The State Government has the power to direct the trial of a case or class of cases in a different sessions division.; The direction must not be repugnant to any previous order issued by the High Court, Supreme Court, or other laws.; The State Government's decision must be in accordance with the existing legal framework..
Landmark Case Laws
Landmark Judgments under Section 205 BNSS
Related Sections
Commonly Cited Alongside
Sections commonly cited alongside Section 205
Query this section with AI
Ask Nyaya AI About Section 205
Select a pre-configured prompt to run this section through the grounded research engine.
Contextual Workflows