Courts by which offences are triable
Section 26 of Code of Criminal Procedure, 1973 deals with 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 se
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: 2[Provided that any 3[offence under section 376, 4[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 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.
Section 26, Code of Criminal Procedure, 1973 (Act 2 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 26
What does Section 26 of the Code of Criminal Procedure deal with?
Section 26 of the Code of Criminal Procedure is headed "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 se
How do I find court cases under Section 26 of the Code of Criminal Procedure?
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: Code Criminal Procedure 1973 26, section 26 Code Criminal Procedure 1973, section 26 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 26 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 4 (Trial of offences under the Indian Penal Code and other laws), section 376 (No appeal in petty cases), so none of them can safely be read on its own.
When was the Code of Criminal Procedure enacted?
Code of Criminal Procedure was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
Other sections of this Act
- 484. Repeal and savings25668 words
- 320. Compounding of offences1341 words
- 164. Recording of confessions and statements1157 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1101 words
- 437. When bail may be taken in case of non-bailable offence999 words
- 220. Trial for more than one offence959 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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/65ae197e-06e1-4b83-a2c4-79fffb837967.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/3476c537-83fa-4339-9917-27dac92cae0d/content). This page is not a substitute for legal advice.