Section 6 BNSS: Classes of Criminal Courts

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 6 BNSS at a Glance

Section 6 BNSS deals with classes of Criminal Courts. It replaced Section 6 CrPC on 1 July 2024.

Was CrPC

Section 6 →

Section 6 BNSS Bare Act Text

6. Classes of Criminal Courts

Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

Source: Section 6, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 6 BNSS in Simple Words

Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists the classes of Criminal Courts that there shall be in every State, besides the High Courts and the Courts constituted under any law other than the Sanhita. The classes are Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class, and Executive Magistrates.

When Section 6 BNSS Applies

  • Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that there shall be, in every State, the listed classes of Criminal Courts, besides the High Courts and the Courts constituted under any law other than the Sanhita.
  • Every State shall have Sessions Courts as the first listed class of criminal courts under Section 6(i) BNSS.
  • Every State shall have courts of first class Judicial Magistrates under Section 6(ii) BNSS.
  • Every State shall have courts of second class Judicial Magistrates under Section 6(iii) BNSS.
  • Every State shall have Executive Magistrates as a listed class of criminal courts under Section 6(iv) BNSS.

Example of Section 6 BNSS

Rohan, a litigant in Gujarat, and Priya, a legal assistant in Tamil Nadu, check which classes of Criminal Courts there are in their States under Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Besides the High Courts and any Courts constituted under laws other than the Sanhita, Section 6 BNSS provides that there shall be, in every State, Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class, and Executive Magistrates. So the same classes apply in both States.

When Section 6 BNSS Does Not Apply

  • Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not place the High Courts within the listed classes of criminal courts under the Sanhita, as they stand apart from those classes.
  • Section 6 BNSS does not classify courts that are constituted under any statute other than the Sanhita.

Section 6 BNSS in the CrPC (Previous Law)

Section 6 BNSS replaces Section 6 CrPC from the old criminal code.

From 1 July 2024, Section 6 of the Code of Criminal Procedure, 1973 is replaced by Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The substantive change occurs in Section 6(ii) BNSS, which deletes the reference to Metropolitan Magistrates in any metropolitan area and retains only Judicial Magistrates of the first class. As a change of form, Section 6 BNSS substitutes the word Sanhita for the word Code. The remaining classes of Criminal Courts, namely Courts of Session, Judicial Magistrates of the second class, and Executive Magistrates, along with the saving for High Courts and courts under other laws, are unchanged.

View CrPC Section 6 →

FAQs on Section 6 BNSS

Which classes of Criminal Courts shall exist in every State under Section 6 BNSS?▼

Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that in every State, besides the High Courts and the courts constituted under any law other than the Sanhita, there shall be Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class, and Executive Magistrates.

How does Section 6 BNSS treat High Courts and courts created under other laws?▼

Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that the listed classes of Criminal Courts shall exist in every State besides the High Courts and the courts constituted under any law other than the Sanhita. Accordingly, High Courts and courts formed under separate statutes are recognized as existing alongside the classes of Criminal Courts listed in Section 6 BNSS.

Are both first class and second class Judicial Magistrates included in Section 6 BNSS?▼

Yes, Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists both categories as separate classes of Criminal Courts that shall exist in every State. Section 6(ii) BNSS specifies Judicial Magistrates of the first class, and Section 6(iii) BNSS specifies Judicial Magistrates of the second class, alongside Courts of Session in Section 6(i) BNSS and Executive Magistrates in Section 6(iv) BNSS.

What changed from Section 6 CrPC to Section 6 BNSS from 1 July 2024?▼

Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 6 of the Code of Criminal Procedure, 1973 from 1 July 2024. In substance, Section 6(ii) BNSS omits the class of Metropolitan Magistrates in any metropolitan area that appeared in Section 6(ii) CrPC, leaving Judicial Magistrates of the first class across every State. In form, the word Code is replaced with the word Sanhita, while the remaining classes of Criminal Courts are unchanged.

Have questions about Section 6 BNSS?

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

Ask NyayGuru →

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: 18 Oct 2026 ·