CRPC §26 → BNSS §21
Courts by which offences are triable
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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: 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.
21. 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. Courts by which offences are triable.
What changedAI-inferred
Courts by which offences are triable.
Old position
CrPC 26 is concerned with Courts by which offences are triable. Courts by which offences are triable
New position
BNSS 21 preserves the framework with drafting modernisations as required by the new code. Topic: which (i) the High Court; or. Subject to the other provisions of this Sanhita,
BNSS 21 (which (i) the High Court; or) preserves the framework of CrPC 26. BNSS 21 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 21 text: Subject to the other provisions of this Sanhita,— (a)...
Editorial deltaAI-indicated (source-linked)
BNSS 21 (which (i) the High Court; or) preserves the framework of CrPC 26. BNSS 21 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 21 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 26 continues to apply. For matters from that date forward, BNSS 21 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 21 (which (i) the High Court; or). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §26 → BNSS §21 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/26.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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