Section 205 BNSS: Power to order cases to be tried in different sessions divisions

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 205 BNSS at a Glance

Section 205 BNSS deals with power to order cases to be tried in different sessions divisions. It replaced Section 185 CrPC on 1 July 2024.

Was CrPC

Section 185 →

Section 205 BNSS Bare Act Text

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 case 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.

Source: Section 205, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 205 BNSS in Simple Words

Section 205 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to order cases to be tried in different sessions divisions. The State Government may direct that a case committed for trial in a district, or a class of such cases, may be tried in any sessions division.

The State Government has this power despite anything in the earlier provisions of Chapter XIV of the Sanhita. The proviso adds a condition: the direction must not be repugnant to any earlier direction of the High Court or the Supreme Court.

The earlier direction may have been issued under the Constitution, under the Sanhita, or under any other law for the time being in force.

When Section 205 BNSS Applies

  • Under Section 205 BNSS, the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division.
  • Section 205 BNSS applies notwithstanding anything contained in the preceding provisions of Chapter XIV of the Sanhita.
  • The proviso to Section 205 BNSS says 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.

Example of Section 205 BNSS

A case against Arjun and Meera is committed for trial in a district. The State Government directs under Section 205 of the Bharatiya Nagarik Suraksha Sanhita, 2023 that the case may be tried in a sessions division other than the sessions division of that district. The direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under the Sanhita or any other law for the time being in force. The case may be tried in the sessions division that the State Government has directed.

When Section 205 BNSS Does Not Apply

  • Section 205 BNSS speaks of a direction of the State Government that a case committed for trial in a district may be tried in any sessions division. It does not deal with the High Court deciding the district where an inquiry or trial shall take place in case of doubt, which is the subject of Section 206 BNSS.
  • Section 205 BNSS speaks of a case committed for trial in a district. It does not deal with the place of trial for offences triable together, which is the subject of Section 204 BNSS.

Section 205 BNSS in the CrPC (Previous Law)

Section 205 BNSS replaces Section 185 CrPC from the old criminal code.

Section 205 BNSS has the same heading as Section 185 CrPC, Power to order cases to be tried in different sessions divisions. The proviso to Section 205 BNSS refers to this Sanhita where the proviso to Section 185 CrPC referred to this Code. The rest of Section 205 BNSS has the same text as Section 185 CrPC, apart from the use of the singular word case in place of cases in the phrase any case or class of cases.

View CrPC Section 185 →

FAQs on Section 205 BNSS

Who may direct under Section 205 BNSS that a case be tried in a different sessions division?▼

Under Section 205 BNSS, the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division. This applies notwithstanding anything contained in the preceding provisions of Chapter XIV of the Sanhita.

What does the proviso to Section 205 BNSS say?▼

The proviso to Section 205 BNSS says 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.

Does Section 205 BNSS mention a class of cases?▼

Yes. Section 205 BNSS says the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division.

What changed from Section 185 CrPC to Section 205 BNSS from 1 July 2024?▼

Section 205 BNSS has the same heading as Section 185 CrPC, Power to order cases to be tried in different sessions divisions. The proviso to Section 205 BNSS reads or under this Sanhita or any other law for the time being in force where the proviso to Section 185 CrPC read or under this Code or any other law for the time being in force. The rest of Section 205 BNSS has the same text as Section 185 CrPC, apart from the use of the singular word case in place of cases in the phrase any case or class of cases.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·