Classes of Criminal Courts
Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with classes of Criminal Courts. Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:— (i) Courts of Session; The Act came into force on 01 Jul 2024.
Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—
(i) Courts of Session;
(ii) Judicial Magistrates of the first class;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
Section 6, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 6 Classes Criminal Courts Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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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Madhav Saran Agarwal vs Msx Mall Pvt. LTD
Decided under Code of Criminal Procedure 6, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings relate to transactions evidencing debt of the corporate debtor and result in depletion of its assets through compensation orders, thereby directly impacting the object of the moratorium which is to preserve the corporate debtor's assets during the insolvency resolution process so it can continue as a going concern and be rehabilitated. However, the moratorium applies only to the corporate debtor and not to natural persons (Directors/officers) in charge of and responsible for the conduct of the business of the corporate debtor, who remain liable to prosecution under Section 138/141 as the corporate debtor is a necessary party to such proceedings.
On this section: Cited to show that Section 138 proceedings are conducted before courts mentioned in this section
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Naresh Kumar Gupta vs Sood Resins and Polymers
Decided under Code of Criminal Procedure 6, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings are 'proceedings' within the meaning of that section. The moratorium applies only to the corporate debtor and not to natural persons (Directors and officers) who can continue to be prosecuted under Section 141 of the Negotiable Instruments Act. The rules of statutory construction (noscitur a sociis and ejusdem generis) cannot be applied to restrict the meaning of 'proceedings' in Section 14(1)(a) when the expression is designedly wide and the object of the statute is clear - which is to preserve the corporate debtor's assets during the insolvency resolution process.
On this section: Cited to show that Section 138 proceedings are conducted before courts mentioned in Section 6, CrPC
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 6
What have the courts held on Section 6 of the Bharatiya Nagarik Suraksha Sanhita?
Madhav Saran Agarwal vs Msx Mall Pvt. LTD (01 Mar 2021) is the leading judgment on this section among those set out below, though it was decided under CRPC 6, which this section replaced -- the court never mentioned this Act: Cited to show that Section 138 proceedings are conducted before courts mentioned in this section. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 6 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 6, section 6 BNSS, section 6 of the Bharatiya Nagarik Suraksha Sanhita. 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 Madhav Saran Agarwal vs Msx Mall Pvt. LTD (01 Mar 2021).
What should I read with Section 6 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
3 other provisions in this corpus refer back to it. It carries forward CrPC 6 (Classes Criminal Courts), so the judgments decided under that provision are the case law on this one.
When did Section 6 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 6 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 6, 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 14 Oct 2026. This page is not a substitute for legal advice.