What Is BNSS Section 21?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 21: Courts by Which Offences Are Triable

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.

Brefe Detail

This section outlines the courts responsible for trying offences under the Bharatiya Nyaya Sanhita, 2023. It specifies that:

• Offences under the Bharatiya Nyaya Sanhita may be tried by:
• High Court
• Court of Session
• Any other designated court
• Specific sections (64-71) must be tried by a female presiding officer when possible.
• Offences under other laws are tried based on the provisions mentioned in those laws or, if unspecified, may also be tried by the High Court or other designated courts.

Question & Answers

Q1: Which courts can try offences under the Bharatiya Nyaya Sanhita, 2023?

A1: Offences can be tried by the High Court, the Court of Session, or any other court specified in the First Schedule.

Q2: Are there any special provisions for offences under sections 64 to 71?

A2: Yes, such offences should be tried by a court presided over by a woman, as far as practicable.

Q3: What happens if an offence is under another law?

A3: If a specific court is mentioned in that law, the offence will be tried there. If no court is mentioned, it can be tried by the High Court or any other designated court.

Example

• Example 1: An offence under section 65 of the Bharatiya Nyaya Sanhita, 2023 is committed. This case will ideally be tried in a court with a female presiding officer.
• Example 2: A theft offence is mentioned in a specific law that designates the District Court. The case will be tried in that District Court.
• Example 3: An offence under a new law without a specified court can be brought to the High Court for trial.

Summary

Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023 delineates the jurisdiction of courts in trying offences under both the Bharatiya Nyaya Sanhita and other laws, emphasizing the importance of gender representation in certain cases while allowing flexibility based on the law's specifications.