Section 21 BNSS: Courts by which offences are triable

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 21 BNSS at a Glance

Section 21 BNSS deals with courts by which offences are triable. It replaced Section 26 CrPC on 1 July 2024.

Was CrPC

Section 21 BNSS Bare Act Text

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.

Source: Section 21, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 21 BNSS in Simple Words

Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says which Courts may try an offence, 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 the offence is shown in the First Schedule to be triable.

Under a proviso, offences 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. An offence under any other law shall be tried by the Court that law mentions, and where no Court is mentioned, it may be tried by the High Court or any other Court shown in the First Schedule.

When Section 21 BNSS Applies

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.
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.
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.
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.

Example of Section 21 BNSS

Ramesh is accused of an offence under section 64 of the Bharatiya Nyaya Sanhita, 2023, and Suresh is accused of an offence under another law that mentions no Court in this behalf. Under Section 21(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence against Ramesh may be tried by the High Court, the Court of Session, or any other Court shown in the First Schedule, and under the proviso to Section 21(a) BNSS it shall be tried as far as practicable by a Court presided over by a woman. Under Section 21(b) BNSS, the offence against Suresh may be tried by the High Court or any other Court by which the offence is shown in the First Schedule to be triable.

When Section 21 BNSS Does Not Apply

Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023 opens with the words subject to the other provisions of this Sanhita, so where another provision of the Sanhita says which Court tries an offence, Section 21 BNSS yields to that provision.
The proviso to Section 21(a) BNSS on a Court presided over by a woman does not reach an offence that is not under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023.
Where another law mentions a Court in this behalf, Section 21(b) BNSS does not let the offence be tried by the High Court or a First Schedule Court in place of the Court that law mentions.

Section 21 BNSS in the CrPC (Previous Law)

Section 21 BNSS replaces Section 26 CrPC from the old criminal code.

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.

View CrPC Section 26 →

FAQs on Section 21 BNSS

Which Courts may try an offence under the Bharatiya Nyaya Sanhita, 2023 according to Section 21 BNSS?▼

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. The proviso to Section 21(a) BNSS provides that the offences it lists shall be tried as far as practicable by a Court presided over by a woman.

When does the proviso to Section 21(a) BNSS require a Court presided over by a woman?▼

The proviso to Section 21(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to 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. Such an offence shall be tried as far as practicable by a Court presided over by a woman.

How does Section 21(b) BNSS determine the trial Court for offences under laws other than the Bharatiya Nyaya Sanhita, 2023?▼

Under Section 21(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the other provisions of the Sanhita, any offence under any other law shall, when any Court is mentioned in this behalf in that law, be tried by that Court. When no Court is so mentioned, the offence 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.

What changed from Section 26 CrPC to Section 21 BNSS from 1 July 2024?▼

From 1 July 2024, Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 26 of the Code of Criminal Procedure, 1973. Section 21(a) BNSS refers to offences under the Bharatiya Nyaya Sanhita, 2023 where Section 26(a) CrPC referred to the Indian Penal Code. The proviso to Section 21(a) BNSS lists section 64 to section 71 of the Bharatiya Nyaya Sanhita, 2023, where the proviso to Section 26(a) CrPC listed section 376 to section 376E of the Indian Penal Code. Section 69 of the Bharatiya Nyaya Sanhita, 2023, on sexual intercourse by employing deceitful means, has no counterpart among the Indian Penal Code sections the CrPC proviso listed. Section 21(b) BNSS has the same text as Section 26(b) CrPC.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·