CrPC 26→BNSS 21

CrPC 26 to BNSS 21: Courts by which offences are triable

Section 26 CrPC (1973) replaced by Section 21 BNSS (2023)

View CrPC Section 26 →View BNSS Section 21 →

CrPC 26 to BNSS 21 at a Glance

Section 26 CrPC (Courts by which offences are triable) is now Section 21 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 26 to BNSS 21?

Section 26 of the Code of Criminal Procedure, 1973 became Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 21(a) BNSS refers to the Bharatiya Nyaya Sanhita, 2023 where Section 26(a) CrPC referred to the Indian Penal Code, and the proviso lists section 64 to section 71 of the Bharatiya Nyaya Sanhita, 2023 where it listed section 376 to section 376E of the Indian Penal Code. Section 69 of the Bharatiya Nyaya Sanhita, 2023 has no counterpart in the CrPC list. Section 21(b) BNSS has the same text as Section 26(b) CrPC, and Section 21 BNSS refers to the Sanhita in place of the Code.

CrPC 26 vs BNSS 21: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section2621
HeadingCourts by which offences are triableSame

CrPC 26 and BNSS 21: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 26, CrPC 1973

26. Courts by which offences are triable.—Subject 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, section 376AB, section 376B, section 376C, section 376D, section 376DA, 376DB or section 376E of the Indian Penal Code (45 of 1860) 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.
BNSS 2023 (in force)

Section 21, BNSS 2023

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.

When It Applies: CrPC 26 vs BNSS 21

Under CrPC 26
  1. Under Section 26(a) of the Code of Criminal Procedure, 1973, subject to the other provisions of the Code, any offence under the Indian Penal Code may be tried by the High Court, the Court of Session, or any other Court by which such offence is shown in the First Schedule to be triable.
  2. The proviso to Section 26(a) CrPC provides that any offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code shall be tried as far as practicable by a Court presided over by a woman.
  3. Under Section 26(b) CrPC, any offence under any other law shall, when any Court is mentioned in this behalf in that law, be tried by that Court.
  4. Under Section 26(b) CrPC, when no Court is so mentioned in the other law, the offence may be tried by the High Court or any other Court by which such offence is shown in the First Schedule to be triable.
Under BNSS 21
  1. Under Section 21(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the other provisions of the Sanhita, any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by the High Court, the Court of Session, or any other Court by which such offence is shown in the First Schedule to be triable.
  2. The proviso to Section 21(a) BNSS provides 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.
  3. Under Section 21(b) BNSS, any offence under any other law shall, when any Court is mentioned in this behalf in that law, be tried by that Court.
  4. Under Section 21(b) BNSS, when no Court is so mentioned in the other law, the offence may be tried by the High Court or any other Court by which such offence is shown in the First Schedule to be triable.

What CrPC 26 to BNSS 21 Means in Practice

From 1 July 2024, the provision on the Courts by which offences are triable is found in Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 26 of the Code of Criminal Procedure, 1973. The High Court, the Court of Session and First Schedule Courts may try offences under the Bharatiya Nyaya Sanhita, 2023, and the proviso on a Court presided over by a woman covers section 64 to section 71 of the Bharatiya Nyaya Sanhita, 2023, which includes section 69 on sexual intercourse by employing deceitful means.

FAQs: CrPC 26 to BNSS 21

Did Section 21 BNSS change which Courts can try offences compared to Section 26 CrPC?▼

Section 21(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 names the same Courts as Section 26(a) of the Code of Criminal Procedure, 1973, the High Court, the Court of Session and any other Court shown in the First Schedule, and applies them to offences under the Bharatiya Nyaya Sanhita, 2023 in place of the Indian Penal Code. Section 21(b) BNSS has the same text as Section 26(b) CrPC. The list of offences in the proviso to Section 21(a) BNSS differs, as the next answer sets out.

How did the proviso on trials by a Court presided over by a woman change from Section 26(a) CrPC to Section 21(a) BNSS?▼

The proviso to Section 26(a) of the Code of Criminal Procedure, 1973 listed section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB and section 376E of the Indian Penal Code. The proviso to Section 21(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists section 64, section 65, section 66, section 67, section 68, section 69, section 70 and section 71 of the Bharatiya Nyaya Sanhita, 2023. Section 69 of the Bharatiya Nyaya Sanhita, 2023, on sexual intercourse by employing deceitful means, has no counterpart in the CrPC list. Both provisos say the offence shall be tried as far as practicable by a Court presided over by a woman.

Did Section 21(b) BNSS alter the rule in Section 26(b) CrPC for offences under other laws?▼

No. Section 21(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 26(b) of the Code of Criminal Procedure, 1973. Any offence under any other law shall, when any Court is mentioned in this behalf in that law, be tried by that Court, and when no Court is so mentioned, it may be tried by the High Court or by any other Court by which such offence is shown in the First Schedule to be triable.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·