Section 206 BNSS: High Court to decide, in case of doubt, district where inquiry or trial shall take place

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 206 BNSS at a Glance

Section 206 BNSS deals with high Court to decide, in case of doubt, district where inquiry or trial shall take place. It replaced Section 186 CrPC on 1 July 2024.

Section 206 BNSS Bare Act Text

206. High Court to decide, in case of doubt, district where inquiry or trial shall take place

Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decidedβ€”

(a) if the Courts are subordinate to the same High Court, by that High Court;

(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued.

Source: Section 206, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 206 BNSS in Simple Words

Section 206 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided by a High Court. Which High Court decides depends on whether the Courts are subordinate to the same High Court.

When Section 206 BNSS Applies

  • Section 206 BNSS applies where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence.
  • Under Section 206(a) BNSS, if the Courts are subordinate to the same High Court, the question is decided by that High Court.
  • Under Section 206(b) BNSS, if the Courts are not subordinate to the same High Court, the question is decided by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced.
  • Under Section 206(b) BNSS, thereupon all other proceedings in respect of that offence shall be discontinued.

Example of Section 206 BNSS

A Court in Surat and a Court in Vadodara have both taken cognizance of the same offence alleged against Rahul. A question arises as to which of them ought to inquire into or try that offence. Both Courts are subordinate to the same High Court. Under Section 206(a) BNSS the question is decided by that High Court.

When Section 206 BNSS Does Not Apply

  • Section 206 BNSS speaks of Courts that have taken cognizance of the same offence. It does not deal with an offence whose place is uncertain among several local areas, which Section 198 BNSS deals with.
  • Section 206 BNSS speaks of a High Court deciding which Court ought to inquire into or try an offence. It does not deal with the transfer of a case to another Magistrate when the accused objects to further proceedings, which Section 211 BNSS deals with.

Section 206 BNSS in the CrPC (Previous Law)

Section 206 BNSS replaces Section 186 CrPC from the old criminal code.

Section 186 CrPC is found in Section 206 BNSS from 1 July 2024. Both have the same heading and the same text. The text has no cross-reference to another section.

View CrPC Section 186 β†’

FAQs on Section 206 BNSS

Who decides under Section 206 BNSS which Court ought to inquire into or try the offence?β–Ό

A High Court. If the Courts are subordinate to the same High Court, that High Court decides. If they are not, the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced decides.

What happens to the other proceedings under Section 206 BNSS?β–Ό

Under Section 206(b) BNSS, thereupon all other proceedings in respect of that offence shall be discontinued.

When does Section 206 BNSS apply?β–Ό

Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence.

What changed from Section 186 CrPC to Section 206 BNSS from 1 July 2024?β–Ό

Section 206 BNSS has the same heading and the same text as Section 186 CrPC. The text has no cross-reference to another section.

Have questions about Section 206 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru β†’

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

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 Β· Last updated: 20 Oct 2026 Β·