Power to order cases to be tried in different sessions divisions
Section 205 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 case 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 The Act came into force on 01 Jul 2024.
Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any case 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 Sanhita or any other law for the time being in force.
Section 205, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 185 Power to order cases to be tried in different sessions divisions Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kaushik Chaterjee vs State of Haryana
Decided under Code of Criminal Procedure 185, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The question of territorial jurisdiction in criminal proceedings is a question of fact that must be established through evidence and cannot be decided at the transfer petition stage. The trial court, not the Supreme Court, is the appropriate forum to decide jurisdictional issues after evidence is led on the place of commission of the offence and other relevant factors enumerated in Sections 177 to 184 of the Code of Criminal Procedure. Therefore, transfer petitions seeking transfer on the ground of lack of territorial jurisdiction must be dismissed, leaving it open to the parties to raise and have the trial court decide the jurisdictional issue during the trial.
On this section: Empowers the State Government to order any case or class of cases committed for trial in any district to be tried in any Sessions division.
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Chalitar Rai vs The State of Bihar
Decided under Code of Criminal Procedure 185, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a specific statutory remedy is available under the Code of Criminal Procedure (such as Section 341 Cr.P.C. for appealing against rejection of a complaint under Section 340), the High Court's inherent jurisdiction under Section 482 Cr.P.C. cannot be invoked to bypass that remedy. The petitioner must exhaust the statutory remedy by appealing to the subordinate court hierarchy before seeking High Court intervention.
On this section: Definition of subordinate court hierarchy. Referenced to establish the appellate relationship between courts for purposes of Section 341 appeal.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 205
What have the courts held on Section 205 of the Bharatiya Nagarik Suraksha Sanhita?
Kaushik Chaterjee vs State of Haryana (30 Sep 2020) is the leading judgment on this section among those set out below, though it was decided under CRPC 185, which this section replaced -- the court never mentioned this Act: Empowers the State Government to order any case or class of cases committed for trial in any district to be tried in any Sessions division. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2015 to 2020.
How do I find court cases under Section 205 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 205, section 205 BNSS, section 205 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 205 dhara and 205 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Kaushik Chaterjee vs State of Haryana (30 Sep 2020).
What should I read with Section 205 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward CrPC 185 (Power to order cases to be tried in different sessions divisions), so the judgments decided under that provision are the case law on this one.
When did Section 205 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 205 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 205, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.