Power to order cases to be tried in different sessions divisions
Section 185 of the Code of Criminal Procedure, 1973 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 cases 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 issue The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any cases 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 Code or any other law for the time being in force.
Section 185, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 205 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 The repealed enactment still governs what happened while it was in force.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
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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… (ii) Mohammad Shahed Khan (the appellant in the companion appeal[11]( page-2-0)); (iii) Iqbal Ahmed; and (iv) Mohammad Raisuddin. 3 On 26 August 2016, the Government of Maharashtra, in exercise of powers conferred by Section 11 read with Section 185 of the Code of Criminal Procedure 1973[12]( page-2-1) issued a notification designating the Chief Judicial Magistrate[13]( page-2-2), Nanded, as a Court of remand and the Court of Additional Sessions Judge[14,]( page-2-3) Nanded, as a Special Court to try cases filed by the ATS Nanded. 4 On 8 September 2016, the …
Questions about Section 185
What have the courts held on Section 185 of the Code of Criminal Procedure?
Kaushik Chaterjee vs State of Haryana (30 Sep 2020) is the leading judgment on this section among those set out below: 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 185 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: CRPC 185, section 185 CRPC, section 185 of the Code of Criminal Procedure. People searching for it also type 185 crpc in bnss and 185 cr pc. 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 185 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 205 (Power to order cases to be tried in different sessions divisions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 185 of the Code of Criminal Procedure come into force?
Section 185 of the Code of Criminal Procedure, cited as CRPC 185, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.