Section 21 BNSS - Courts by Which Offences Are Triable
Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023 identifies the courts that may try offences under the Bharatiya Nyaya Sanhita, 2023 and offences created by other laws. For BNS offences, the First Schedule to the BNSS is an important reference for determining the competent trial court.
Meaning and Scope of Section 21 BNSS
Section 21 determines the class of criminal court competent to try an offence, subject to the other provisions of the BNSS. It distinguishes between offences under the Bharatiya Nyaya Sanhita, 2023 and offences under other Central or State laws.
In practical terms, the provision works together with the First Schedule to the BNSS. That Schedule classifies offences and identifies, among other things, the court by which each listed offence is triable.
Section 21 - Courts by Which Offences Are Triable: Statutory Text
21. 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.
Trial of Offences Under the Bharatiya Nyaya Sanhita, 2023
Under clause (a), an offence under the BNS may be tried by the High Court, the Court of Session, or another court identified in the First Schedule as competent to try that offence.
| Category | Court mentioned in Section 21 |
|---|---|
| BNS offence | High Court |
| BNS offence | Court of Session |
| BNS offence | Any other court shown in the First Schedule as competent to try that offence |
Special Rule for BNS Sections 64 to 71
The proviso to Section 21(a) applies to offences under Sections 64, 65, 66, 67, 68, 69, 70 and 71 of the Bharatiya Nyaya Sanhita, 2023. It states that such offences shall, as far as practicable, be tried by a court presided over by a woman.
The expression "as far as practicable" is part of the statutory text. Accordingly, the provision establishes the prescribed preference while retaining the qualification expressly enacted by Parliament.
Trial of Offences Under Other Laws
Clause (b) addresses offences created by laws other than the BNS. Where the particular law itself specifies the court that must try the offence, the trial is to be conducted by that court.
Where the other law does not specify a trial court, Section 21 permits trial by the High Court or by another court shown in the First Schedule as competent to try the offence.
Role of the First Schedule to the BNSS
The First Schedule is central to the application of Section 21. For offences under the BNS, the Schedule includes a column identifying "By what Court triable". It therefore helps determine whether a particular offence is triable by a Magistrate, a Court of Session, or another specified criminal court.
The Schedule should be read together with the substantive offence provision and the other applicable provisions of the BNSS. Section 21 itself begins with the words "Subject to the other provisions of this Sanhita", making clear that it does not operate in isolation.
Section 21 at a Glance
| Situation | Rule |
|---|---|
| Offence under BNS | May be tried by the High Court, Court of Session, or another court specified in the First Schedule. |
| BNS Sections 64 to 71 | As far as practicable, trial should be before a court presided over by a woman. |
| Offence under another law where that law specifies a court | The specified court tries the offence. |
| Offence under another law where no court is specified | May be tried by the High Court or another court shown in the First Schedule as competent. |
Official Legal Resources
The current central text of the Bharatiya Nagarik Suraksha Sanhita, 2023 and its First Schedule may be verified from the official India Code database. The commencement notification and related criminal-law materials are also available from the Ministry of Home Affairs.
This page is intended as a legal information resource. For a particular criminal case, the substantive offence, the First Schedule, special enactment involved, territorial jurisdiction provisions and any applicable judicial orders should also be examined.