Section 26 CrPC: Courts by which offences are triable

Code of Criminal Procedure, 1973

Section 26 CrPC at a Glance

Section 26 CrPC deals with courts by which offences are triable. From 1 July 2024 it is replaced by Section 21 BNSS.

Now BNSS

What Section 26 CrPC Says

26. Courts by which offences are triable
Subject to the other provisions of this Code,—
(a) any offence under the Indian Penal Code (45 of 1860) 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 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, 376DB or section 376E of the Indian Penal Code (45 of 1860) 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 26, Code of Criminal Procedure, 1973

Section 26 CrPC in Simple Words

Section 26 of the Code of Criminal Procedure, 1973 says which Courts may try an offence, subject to the other provisions of the Code. Any offence under the Indian Penal Code 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 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code 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 26 CrPC Applies

Under Section 26(a) of the Code of Criminal Procedure, 1973, subject to the other provisions of the Code, any offence under the Indian Penal Code 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 26(a) CrPC provides that any offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code shall be tried as far as practicable by a Court presided over by a woman.
Under Section 26(b) CrPC, 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 26(b) CrPC, 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 26 CrPC

Ramesh is accused of an offence under section 376 of the Indian Penal Code, and Suresh is accused of an offence under another law that mentions no Court in this behalf. Under Section 26(a) of the Code of Criminal Procedure, 1973, 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 26(a) CrPC it shall be tried as far as practicable by a Court presided over by a woman. Under Section 26(b) CrPC, 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 26 CrPC Does Not Apply

Section 26 of the Code of Criminal Procedure, 1973 opens with the words subject to the other provisions of this Code, so where another provision of the Code says which Court tries an offence, Section 26 CrPC yields to that provision.
The proviso to Section 26(a) CrPC on a Court presided over by a woman does not reach an offence that is not under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code.
Where another law mentions a Court in this behalf, Section 26(b) CrPC 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 26 CrPC Under BNSS 21: What Changed

Section 26 CrPC is now covered under Section 21 BNSS.

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 detailed comparison (CrPC 26 vs BNSS 21) →

FAQs on Section 26 CrPC

Which Courts may try an offence under the Indian Penal Code according to Section 26 CrPC?▼

Under Section 26(a) of the Code of Criminal Procedure, 1973, subject to the other provisions of the Code, any offence under the Indian Penal Code 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 26(a) CrPC 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 26(a) CrPC require a Court presided over by a woman?▼

The proviso to Section 26(a) of the Code of Criminal Procedure, 1973 applies to any offence under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code. Such an offence shall be tried as far as practicable by a Court presided over by a woman.

How does Section 26(b) CrPC determine the trial Court for offences under laws other than the Indian Penal Code?▼

Under Section 26(b) of the Code of Criminal Procedure, 1973, subject to the other provisions of the Code, 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.

Where is the provision corresponding to Section 26 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 26 CrPC is found in Section 21 BNSS. Section 26(a) CrPC with its proviso maps to Section 21(a) BNSS with its proviso, and Section 26(b) CrPC maps to Section 21(b) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·