Courts by which offences are triable
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Summary
Offences under the Bharatiya Nyaya Sanhita may be tried by the High Court, the Court of Session, or any court shown as triable in the First Schedule. For offences under sections 64, 65, 66, 67, 68, 69, 70 and 71, trials should, as far as practicable, be held by a court presided over by a woman. Offences under other laws follow the court named in that law; if none is named, they may be tried by the High Court or courts shown in the First Schedule.
Example
Priya is accused of an offence under section 66 of the Bharatiya Nyaya Sanhita. Her trial should, as far as practicable, be held before a court presided over by a woman, for example a Sessions Court with a woman judge.
Bare Act
Enacted textSubject 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.
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