Section 185 CrPC: Power to order cases to be tried in different sessions divisions

Code of Criminal Procedure, 1973

Section 185 CrPC at a Glance

Section 185 CrPC deals with power to order cases to be tried in different sessions divisions. From 1 July 2024 it is replaced by Section 205 BNSS.

Now BNSS

Section 205 →

What Section 185 CrPC Says

185. 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 cases 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 Code or any other law for the time being in force.

Source: Section 185, Code of Criminal Procedure, 1973

Section 185 CrPC in Simple Words

Section 185 of the Code of Criminal Procedure, 1973 deals with the power to order cases to be tried in different sessions divisions. The State Government may direct that cases 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 XIII of the Code. 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 Code, or under any other law for the time being in force.

When Section 185 CrPC Applies

  • Under Section 185 CrPC, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any sessions division.
  • Section 185 CrPC applies notwithstanding anything contained in the preceding provisions of Chapter XIII of the Code.
  • The proviso to Section 185 CrPC 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 Code or any other law for the time being in force.

Example of Section 185 CrPC

Cases against Rajesh and Kavita are committed for trial in a district. The State Government directs under Section 185 of the Code of Criminal Procedure, 1973 that those cases 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 Code or any other law for the time being in force. Those cases may be tried in the sessions division that the State Government has directed.

When Section 185 CrPC Does Not Apply

  • Section 185 CrPC speaks of a direction of the State Government that cases 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 186 CrPC.
  • Section 185 CrPC speaks of cases 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 184 CrPC.

Section 185 CrPC Under BNSS 205: What Changed

Section 185 CrPC is now covered under Section 205 BNSS.

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 detailed comparison (CrPC 185 vs BNSS 205) →

FAQs on Section 185 CrPC

Who may direct under Section 185 CrPC that cases be tried in a different sessions division?▼

Under Section 185 CrPC, the State Government may direct that any cases 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 XIII of the Code.

What does the proviso to Section 185 CrPC say?▼

The proviso to Section 185 CrPC 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 Code or any other law for the time being in force.

Does Section 185 CrPC mention a class of cases?▼

Yes. Section 185 CrPC says the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any sessions division.

Where is Section 185 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 185 CrPC is found in Section 205 BNSS.

Have questions about Section 185 CrPC?

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, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·