Section 185 CrPC and Section 205 BNSS: Power to Order Trials in Different Sessions Divisions
Section 185 of the Code of Criminal Procedure, 1973 authorised the State Government to direct that specified criminal cases be tried in a sessions division other than the division ordinarily applicable. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 205 BNSS.
Section 205 BNSS: Current statutory provision
Section 205 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Power to order cases to be tried in different sessions divisions. It provides:
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.
Official source: Bureau of Police Research and Development - BNSS text (PDF); National Crime Records Bureau - BNSS chapters and sections.
Section 185 CrPC: Earlier provision
Section 185 of the Code of Criminal Procedure, 1973, titled Power to order cases to be tried in different sessions divisions, stated:
Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any cases 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 Code or any other law for the time being in force.
The core power and its restriction have been substantially retained in Section 205 BNSS. The newer wording refers to "any case or class of cases" and to "this Sanhita" rather than the former Code.
Meaning and scope of the provision
1. State Government's authority
The State Government may issue a direction concerning an individual case or a defined class of cases that has been committed for trial in a district. The direction can specify trial in another sessions division, notwithstanding the ordinary territorial rules earlier in Chapter XIV of the BNSS.
2. Meaning of a sessions division
A sessions division is a territorial unit for the administration of criminal justice. The relevant framework for sessions divisions and districts is contained in Section 7 BNSS. The expression does not mean that the State Government may select a court lacking legal competence to try the offence.
3. Meaning of a case committed for trial
Committal is the procedural sending of a case to the Court of Session when the offence is exclusively triable by that Court or committal is otherwise required by law. Section 232 BNSS addresses commitment of cases to the Court of Session.
4. Restriction arising from superior court directions
The proviso expressly prevents the State Government from issuing a direction inconsistent with a previous direction of the High Court or Supreme Court made under the Constitution, the BNSS or another law in force.
How Section 205 BNSS operates
- Identify the criminal case or class of cases committed for trial and the district concerned.
- Determine the sessions division in which trial is proposed to take place.
- Check for any binding or prior directions of the High Court or Supreme Court and any other applicable statutory restrictions.
- The State Government may issue an appropriate direction within the limits of Section 205.
- The trial must proceed before a legally competent court in accordance with the applicable criminal procedure and judicial directions.
Illustration: If a case committed for trial in District A is to be tried in the sessions division covering District B, the State Government may direct that arrangement under Section 205 BNSS, provided the statutory conditions are met and the direction does not conflict with an earlier superior court direction. The provision does not itself determine guilt or innocence.
Related provisions on jurisdiction and transfer
- Section 197 BNSS: Ordinary place of inquiry and trial, generally where the offence was committed.
- Section 204 BNSS: Place of trial for offences that may be tried together.
- Section 206 BNSS: High Court's power to decide which court should inquire into or try an offence when multiple courts have taken cognizance.
- Section 447 BNSS: High Court's judicial power to transfer cases and appeals, distinct from the State Government's direction under Section 205.
- Section 448 BNSS: Sessions Judge's power to transfer cases and appeals.
- Section 531 BNSS: Repeal and savings, relevant to pending matters and application of the former CrPC.
For authoritative legislative material, consult the Government of India new criminal laws resource page and the India Code statutory database.
Frequently asked questions
Which provision replaced Section 185 CrPC?
Section 205 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 185 CrPC.
Can the State Government direct a Sessions trial in another division?
Yes. Section 205 BNSS permits such a direction for a case or class of cases committed for trial in a district, subject to the statutory proviso and other applicable law.
Can the State Government override a High Court or Supreme Court direction?
No. The proviso expressly prohibits a direction repugnant to an earlier direction of either superior court issued under the Constitution or applicable law.
Does Section 205 BNSS replace every judicial transfer power?
No. Judicial transfer powers, including those under Section 447 BNSS, are separate and must be considered according to their own conditions.
Does Section 185 CrPC still matter after 1 July 2024?
Yes, in appropriate saved or pending proceedings governed by Section 531 BNSS and other applicable transitional rules. The procedural law applicable to a particular case should be checked from its facts and commencement history.
This article is general legal information. The applicability of a government direction and the correct forum depend on the case record, applicable notifications, and court orders.