Courts by which offences are triable
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Summary
Offences under the IPC may be tried by the High Court, the Court of Session, or any other court shown in the First Schedule. For specified sexual offences in the 376-series, trials should, as far as practicable, be before a court presided over by a woman. Offences under other laws are tried by the court named in that law; if none is named, by the High Court or a court shown in the First Schedule.
Example
Rohan is accused of rape under section 376 of the IPC. His trial should, as far as practicable, be held before a court presided over by a woman.
Bare Act
Enacted textSubject to the other provisions of this Code,-
- (a) any offence under the Indian Penal Code (45 of 1860) 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 376, section 376A, section2 376AB, section 376B, section 376C, section 376D,
section 376DA, section 376DB or section 376E1 of the Indian Penal Code 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.
1 Criminal Law (Amendment) Act, 2013
2 Criminal Law (Amendment) Act, 2018
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