What Is BNSS Section 205?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 205: Power to order cases to be tried in different sessions divisions

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 Sanhita or any other law for the time being in force.

Brefe Detail

This section grants the State Government the authority to direct that certain cases or classes of cases, which are committed for trial in one district, may instead be tried in a different sessions division. However, this direction must not conflict with any existing orders from the High Court or the Supreme Court.

Question & Answers

What power does the State Government have under this section?

The State Government can direct that cases committed for trial in one district may be tried in any sessions division.

Are there any restrictions on this power?

Yes, the direction must not contradict any prior direction issued by the High Court or the Supreme Court.

Can this power affect ongoing cases?

The section applies to any cases or class of cases committed for trial, but must adhere to higher court directives.

Example

Example of Case Reassignment: If a high-profile case is committed for trial in District A, the State Government may decide that it should be tried in the sessions division of District B for reasons such as security or public interest.

Summary

Section 205 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the State Government to reassign cases to different sessions divisions, ensuring flexibility in the judicial process while maintaining compliance with higher court orders.