Criminal Procedure Law | India

Section 186 CrPC and Section 206 BNSS: High Court to Decide Criminal Trial Jurisdiction

Updated: 17 October 2026 | Topic: Jurisdiction of criminal courts

When two or more criminal courts take cognizance of the same offence, a dispute may arise over which court should conduct the inquiry or trial. Section 206 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to former Section 186 of the Code of Criminal Procedure, 1973 (CrPC), identifies the High Court empowered to decide that question.

Current law: The BNSS came into force on 1 July 2024. Section 206 is the corresponding provision to Section 186 CrPC. For pending proceedings, the saving and transitional rules in Section 531 BNSS must also be considered.

Section 206 BNSS - Statutory provision

Heading: High Court to decide, in case of doubt, district where inquiry or trial shall take place.

Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided—

(a) if the Courts are subordinate to the same High Court, by that High Court;

(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued.

The earlier Section 186 CrPC contained substantially the same operative rule. Its two clauses likewise distinguished between courts subordinate to one High Court and courts subordinate to different High Courts.

Meaning of the legal terms and conditions

Cognizance of an offence

Cognizance refers to a criminal court taking judicial notice of an alleged offence for proceeding according to law. It is different from merely registering an FIR or commencing a police investigation.

Same offence

The provision concerns competing proceedings in which two or more courts have taken cognizance of the same offence. Proceedings involving merely similar allegations or distinct offences do not automatically satisfy this requirement.

Inquiry and trial

Broadly, an inquiry is a judicial proceeding other than a trial conducted under the criminal procedure law, while a trial is the adjudicatory process determining the criminal charge. The statutory definitions and procedural context govern the precise application.

Appellate criminal jurisdiction

This is the territorial and institutional jurisdiction within which a High Court exercises criminal appellate authority over subordinate courts. Clause (b) uses the place where proceedings first commenced to identify the High Court empowered to resolve the conflict.

Which High Court has authority under Section 206?

Courts under the same High Court: That High Court decides which court should inquire into or try the offence, under clause (a).
Courts under different High Courts: The High Court within whose local appellate criminal jurisdiction the proceedings were first commenced decides the question, under clause (b).
Effect of the decision: Under clause (b), other proceedings concerning that offence are discontinued after the jurisdictional question is decided. This should not be confused with an automatic acquittal or a finding on the merits.

Practical illustrations

Example 1 - Same High Court: Two criminal courts in different districts of the same State, both subordinate to the same High Court, take cognizance of the same offence. If a question arises as to which should proceed, that High Court determines the proper forum under Section 206(a) BNSS.

Example 2 - Different High Courts: Courts subordinate to two different High Courts take cognizance of the same offence. The High Court having appellate criminal jurisdiction over the place where the proceedings first commenced decides the question under Section 206(b) BNSS.

Important distinction: Section 206 resolves a specific conflict between courts that have already taken cognizance. General territorial jurisdiction, transfer of criminal cases, and consolidation of related prosecutions may engage other provisions and should be assessed separately.

Relationship with other provisions

Section 206 is part of Chapter XIV of the BNSS, concerning jurisdiction of criminal courts in inquiries and trials. Related provisions include Section 204 BNSS (place of trial for offences triable together), Section 205 BNSS (State Government power to direct trial in different sessions divisions), and Section 207 BNSS (summons or warrant for offences beyond local jurisdiction). The former corresponding CrPC provisions are Sections 184, 185 and 187 respectively.

Frequently asked questions

Is Section 186 CrPC still applicable?

The CrPC was repealed when the BNSS came into force on 1 July 2024. However, Section 531 BNSS preserves specified pending investigations, inquiries, trials, appeals and applications under the earlier Code. The procedural law applicable to a particular case depends on its facts and transitional status.

Does Section 206 BNSS allow any High Court to transfer a case?

No. It identifies the High Court competent to decide a particular conflict over the same offence. General case-transfer powers are governed by separate provisions.

Does the first court always conduct the trial?

No. Where courts fall under different High Courts, the commencement of proceedings identifies the High Court that decides the dispute; it does not necessarily determine which subordinate court must ultimately try the case.

Official statutory references

Legal note: This article provides general statutory information, not advice on a particular case. Check subsequent amendments, judicial decisions and applicable procedural orders before relying on it in litigation.