Section 186 CrPC: High Court to decide, in case of doubt, district where inquiry or trial shall take place

Code of Criminal Procedure, 1973

Section 186 CrPC at a Glance

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

Now BNSS

Section 206 →

What Section 186 CrPC Says

186. 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 decided—

(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 186, Code of Criminal Procedure, 1973

Section 186 CrPC in Simple Words

Section 186 of the Code of Criminal Procedure, 1973 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 186 CrPC Applies

  • Section 186 CrPC 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 186(a) CrPC, if the Courts are subordinate to the same High Court, the question is decided by that High Court.
  • Under Section 186(b) CrPC, 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 186(b) CrPC, thereupon all other proceedings in respect of that offence shall be discontinued.

Example of Section 186 CrPC

A Court in Pune and a Court in Nashik have both taken cognizance of the same offence alleged against Vikram. 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 186(a) CrPC the question is decided by that High Court.

When Section 186 CrPC Does Not Apply

  • Section 186 CrPC 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 178 CrPC deals with.
  • Section 186 CrPC 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 191 CrPC deals with.

Section 186 CrPC Under BNSS 206: What Changed

Section 186 CrPC is now covered under Section 206 BNSS.

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 detailed comparison (CrPC 186 vs BNSS 206) →

FAQs on Section 186 CrPC

Who decides under Section 186 CrPC which Court ought to inquire into or try the offence?▼

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 186 CrPC?▼

Under Section 186(b) CrPC, thereupon all other proceedings in respect of that offence shall be discontinued.

When does Section 186 CrPC apply?▼

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.

Where is Section 186 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

Section 186 CrPC has no sub-sections, and maps as a whole to Section 206 BNSS.

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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: 20 Oct 2026 ·