Criminal Procedure Law | Updated October 2026

Section 26 CrPC: Courts by Which Offences Are Triable - BNSS Section 21

Section 26 of the Code of Criminal Procedure, 1973 specified which criminal courts could try offences under the Indian Penal Code and other laws. From 1 July 2024, the corresponding general rule is found in Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The BNSS replaced the CrPC with effect from 1 July 2024. Section 531 BNSS contains repeal and savings provisions, including for specified pending proceedings. The applicable procedural regime must be determined in light of those provisions and the facts of the case.

What does Section 21 BNSS provide?

Subject to other provisions of the BNSS, an offence under the Bharatiya Nyaya Sanhita, 2023 (BNS) may be tried by the High Court, Court of Session, or another court designated in the First Schedule. Offences under other laws are ordinarily tried by the court specified in that law; where none is specified, the First Schedule and the BNSS govern.

The proviso to Section 21(a) directs that offences under Sections 64, 65, 66, 67, 68, 69, 70 and 71 BNS be tried, as far as practicable, by a court presided over by a woman.

Understanding the jurisdiction of criminal courts

High Court

The High Court is a superior criminal court. Its power to try a particular matter remains subject to the applicable statutory framework.

Court of Session

A Court of Session ordinarily tries serious offences allocated to it by the First Schedule or a special law, subject to applicable committal and procedural rules.

Magistrates' courts

Judicial Magistrates try offences allocated to their classes of courts under the First Schedule and applicable laws. The power to try an offence should not be confused with the maximum sentence a court can impose.

Special laws

Where a special enactment specifies a particular court or creates a Special Court, that statutory arrangement must be examined first. General provisions cannot be read in isolation from special enactments.

Historical text and effect of Section 26 CrPC

Under Section 26(a) CrPC, an IPC offence could be tried by the High Court, Court of Session, or a court specified in the First Schedule. Its proviso called for specified sexual offences under IPC Sections 376 and related provisions to be tried, as far as practicable, by a woman-presided court.

Section 26(b) CrPC addressed offences under other laws: a court expressly identified by that law was competent, and where no court was identified, the High Court or a court indicated in the First Schedule could try the offence.

Historical state amendments retained for reference

Arunachal Pradesh

Arunachal Pradesh Act 3 of 2019, Section 11, amended the wording of the proviso to Section 26(a) CrPC concerning specified IPC sexual offences. This is a historical state amendment and should not be assumed to amend the current BNSS provision.

Uttar Pradesh

Uttar Pradesh Act 1 of 1984, Section 6, substituted Section 26(b) CrPC in its application to the state, allowing trial by the court specified in the special law or a court superior in rank, and, where none was specified, by the First Schedule court or a superior court. Its continuing relevance to a particular proceeding requires consideration of repeal, savings and subsequent legislation.

Legislative amendment notes

The historical CrPC proviso was inserted by Act 5 of 2009, Section 4, with effect from 31 December 2009. It was subsequently amended, including by Act 13 of 2013, Section 11, with effect from 3 February 2013, and later changes to the listed IPC offences.

Frequently asked questions

Which provision replaced Section 26 CrPC?

Section 21 of the BNSS, 2023 is the corresponding provision on courts by which offences are triable.

Does every criminal case go to the Sessions Court?

No. The offence, the First Schedule, any special law, and applicable procedural provisions determine the competent court.

Must sexual-offence trials be conducted by a woman judge?

For offences listed in the proviso to Section 21(a) BNSS, the law requires a woman-presided court as far as practicable; it is not an unconditional requirement in every circumstance.

Official legal sources

Read the Bharatiya Nagarik Suraksha Sanhita, 2023 (official BPR&D PDF), especially Sections 21 and 531 and the First Schedule. For official consolidated legislation and subsequent amendments, consult the India Code portal and the e-Gazette of India.

This article provides general legal information. Check the relevant statute, current state amendments, notifications and case-specific facts before relying on a jurisdictional conclusion.