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.
Bharatiya Nagarik Suraksha Sanhita
Section 21
Courts by which offences are triable
⚡ Quick Answer Reference: Section 21 BNSS
- Provision: Section 21 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWER OF COURTS
- Jurisdiction: India
- Summary: This section explains which courts can try offences under the Bharatiya Nyaya Sanhita, 2023, and other laws, with specific considerations for certain offences to be tried by a court presided over by a woman.
What does Section 21 of BNSS say?
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What does Section 21 of BNSS mean?
Plain English Explanation
This section explains which courts can try offences under the Bharatiya Nyaya Sanhita, 2023, and other laws, with specific considerations for certain offences to be tried by a court presided over by a woman.
Practical Interpretation
In practice, this section guides the allocation of cases to appropriate courts, ensuring that offences are tried by courts with the requisite jurisdiction and, where specified, by a court presided over by a woman for certain offences.
Core Legal Purpose
The core purpose is to establish jurisdictional clarity and ensure that certain offences, particularly those under sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023, are tried by a court that can provide a sensitive and appropriate judicial environment.
- •The offence must be under the Bharatiya Nyaya Sanhita, 2023, or any other law.
- •For offences under the Bharatiya Nyaya Sanhita, 2023, the High Court, Court of Session, or any other court specified in the First Schedule can try them.
- •A key legal test is whether the offence is one that should be tried by a court presided over by a woman, as specified for certain sections.
- •A key exception or limitation is the provision that certain offences must be tried as far as practicable by a court presided over by a woman.
Practical Example of Section 21 BNSS
Rajesh is accused of an offence under section 65 of the Bharatiya Nyaya Sanhita, 2023. According to Section 21, this offence should be tried as far as practicable by a court presided over by a woman. The case would be allocated to a court that has a woman judge, ensuring that the trial is conducted in a manner sensitive to the nature of the offence.
Frequently Asked Questions about Section 21 BNSS
Q: What is the punishment or consequence under Section 21 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the jurisdiction and trial of offences.
Q: Does this section apply to private individuals or public entities?
This section applies to the trial of offences, which can involve private individuals or public entities, depending on who is accused of the offence.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether an offence is bailable or cognizable. Those determinations would be based on the specific offence and other relevant legal provisions.
Common Questions about Section 21 BNSS
What is Section 21 of BNSS?
Section 21 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Courts by which offences are triable". In plain terms: This section explains which courts can try offences under the Bharatiya Nyaya Sanhita, 2023, and other laws, with specific considerations for certain offences to be tried by a court presided over by a woman.
What is the punishment under Section 21 of BNSS?
Section 21 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 21 of BNSS bailable or non-bailable?
Whether Section 21 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 21 of BNSS?
The essential elements of Section 21 of BNSS are: The offence must be under the Bharatiya Nyaya Sanhita, 2023, or any other law.; For offences under the Bharatiya Nyaya Sanhita, 2023, the High Court, Court of Session, or any other court specified in the First Schedule can try them.; A key legal test is whether the offence is one that should be tried by a court presided over by a woman, as specified for certain sections..
Landmark Judgments under Section 21 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 21
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