Introduction to Section 21 of BNSS
Section 21 of BNSS comes under Chapter III – Power of Courts. It tells us which courts are allowed to hear different types of criminal cases. Some cases like rape or crimes against women should be handled by a woman judge, when possible. The section also covers what to do if an offence is under a law other than BNS.
What is BNSS Section 21 ?
BNSS Section 21 explains which courts have the power to try different offences under the Bharatiya Nyaya Sanhita (BNS), 2023. Depending on the seriousness of the crime, the case can be heard by the High Court, Court of Session, or other courts listed in the First Schedule of the law. It also says that some sensitive cases should be tried by women judges, if possible.
BNSS Section of 21 in Simple Points
1. Different Courts Can Try Different Offences
BNSS Section 21 says that different types of criminal offences can be handled by different levels of courts. Small offences like petty theft or minor fights may be tried by lower Magistrate Courts. But serious offences like murder, rape, or large-scale fraud must be tried in higher courts like the Court of Session or the High Court. The law divides the powers based on the seriousness of the crime. This helps courts manage cases better and ensures that justice is handled by judges with proper experience. It also prevents small courts from being overloaded. The idea is to maintain balance and fairness in the legal process. So, each court has a proper role based on the type of case.
2. High Court Has the Power to Try Any Offence
The High Court is the highest court in a state and can try any offence under the Bharatiya Nyaya Sanhita. It is not just limited to appeals or special cases; it can also take up direct trials in some situations. Though this usually happens rarely, it is important to know that the High Court holds this power. This is helpful when cases are very serious or need quick judgment. Sometimes, due to sensitivity or legal complexity, cases are transferred to the High Court. This ensures expert handling and faster decisions. The High Court also reviews the working of lower courts, so it plays a guiding role.
3. Court of Session Handles Serious Criminal Cases
The Court of Session deals with grave crimes like murder, gang rape, kidnapping, and dacoity. These crimes carry heavy punishments like life imprisonment or even the death penalty. Magistrate Courts do not have the power to give such strong punishments, so these serious cases must be sent to the Sessions Court. Judges in these courts are trained and experienced to deal with such high-level criminal cases. They ensure full legal procedures are followed, like framing of charges, cross-examinations, and fair judgments. These courts also ensure proper safety during the trial. So, for any major crime, the Sessions Court becomes very important.
4. First Schedule Shows Which Court Handles Which Crime
The First Schedule of the Bharatiya Nyaya Sanhita acts like a guidebook. It clearly mentions which court can try which type of case. It lists all offences, the type of punishment they carry, and the court that is allowed to hear that particular case. This makes it very easy for police, lawyers, and judges to understand where a case should be filed. It prevents mistakes or confusion in court procedures. This schedule is very useful in saving time and helping cases reach the correct court without delay. For example, a case of burglary may be triable by a Magistrate, while dacoity would go to a Session Court.
5. Certain Crimes Should Be Tried by Women Judges
BNSS Section 21 includes a special rule for sensitive crimes, like those under Sections 64 to 71. These sections mostly deal with crimes against women such as rape, sexual harassment, stalking, and so on. The law suggests that these offences should be tried, as far as possible, by courts presided over by women judges. This rule is made to make the female victims feel safe and comfortable during the trial. A woman judge can handle these cases with more sensitivity and understanding. Though it is not a hard rule, it is a strong suggestion by the law to protect the dignity of victims. This step ensures that justice feels more human.
Section 21 of BNSS Overview
BNSS Section 21 explains which court is allowed to handle which criminal case. It tells us whether a case should go to the High Court, Sessions Court, or Magistrate Court. The decision depends on the seriousness of the offence. It also suggests that certain sensitive cases (like crimes against women) should be handled by women judges, wherever possible.
BNSS Section 21 – 10 Key Points.
1. Different Levels of Courts Handle Different Offences
BNSS Section 21 explains that different courts have the power to handle different types of criminal cases. For example, a small offence like public nuisance or minor theft can be handled by a Magistrate’s Court. On the other hand, serious offences like rape or murder are tried by higher courts such as the Court of Session or the High Court. This system helps divide the burden of cases and ensures that complex or serious matters are heard by experienced judges. It also avoids confusion and speeds up the justice process.
2. The High Court Has the Authority to Try Any Offence
The High Court is the top court at the state level and has the power to try any criminal offence under the Bharatiya Nyaya Sanhita. Even if a case starts in a lower court, the High Court can take it over, especially in serious or complex matters. Sometimes, a case may be transferred to the High Court to ensure a fair trial or if it involves public importance. The High Court also has the authority to hear appeals, revisions, or transfer petitions from lower courts, making it a powerful part of the legal system.
3. Sessions Court Deals with Serious Offences
The Court of Session is mainly responsible for trying serious and grave offences. Crimes like dacoity, gang rape, attempt to murder, or kidnapping for ransom usually come under the Sessions Court. These courts are presided over by experienced judges who are authorized to give strict punishments, including life imprisonment or even death sentences. BNSS 21 ensures that such cases are not sent to Magistrate Courts, as they do not have the power to give these heavier punishments. This separation of power ensures fairness and proper handling of serious cases.
4. Magistrate Courts Handle Less Serious Cases
Magistrate Courts handle bailable and compoundable offences which are not very serious. These include crimes like simple hurt, criminal intimidation, or petty theft. These courts work faster and focus on providing quick justice. If the punishment for the crime is less than 3 years, it is usually tried in a Magistrate’s Court. They also conduct preliminary hearings for major cases before transferring them to Sessions Courts. This system ensures that not all cases go to higher courts, which reduces the burden on them and makes the judiciary more efficient.
5. The First Schedule is the Reference Guide
The First Schedule of the Bharatiya Nyaya Sanhita is like a guidebook. It lists all the offences and clearly mentions which court is allowed to try each one. This is very helpful for police officers, lawyers, and judges. It removes guesswork and ensures that a case is filed in the correct court from the beginning. If someone is confused about which court to approach for a particular offence, they can check the First Schedule. This table is an important tool for the smooth running of the criminal justice system.
6. Sensitive Cases Should Be Heard by Women Judges
BNSS Section 21 includes a special and progressive rule. It says that offences under Sections 64 to 71 (which include crimes like rape, molestation, or acid attacks) should, as far as possible, be tried by a woman judge. This helps victims, especially women, feel safer and more comfortable during the trial. It also promotes a fairer and more sensitive hearing of the case. Although this is not mandatory, it is a strong suggestion in the law that courts should follow to make the justice system more inclusive and respectful.
7. Offences Under Other Laws Follow Their Own Rules
Not all crimes are listed in BNSS. Some offences fall under other special laws like the Protection of Children from Sexual Offences (POCSO) Act, NDPS Act, or Prevention of Corruption Act. If such a law clearly states which court should try the offence, that rule will be followed. However, if no court is mentioned in that law, then the rules of BNSS 21 apply. This ensures that every offence, whether under BNSS or another law, has a proper legal procedure and a suitable court for trial.
8. The Court Must Have Proper Jurisdiction
A court can only try a case if it has the legal power (jurisdiction) to do so. BNSS 21 ensures that a case is filed in a court that has the right authority over the matter. If a case is wrongly filed in a court without jurisdiction, it may be rejected or transferred, causing delay and confusion. For example, a Sessions Court cannot try a case meant for a Special Court, and vice versa. This rule keeps the legal system organized and avoids misuse of the court process.
9. Special Provision for Serious Crimes Against Women
BNSS 21 shows sensitivity towards crimes against women. It suggests that cases like stalking, sexual harassment, or acid attacks should preferably be tried by a court presided over by a woman. The idea is to create a supportive environment for women victims to speak openly. In many cases, women may feel hesitant or uncomfortable in front of male judges. This special provision promotes gender sensitivity in court and builds trust in the justice system among women.
10. Helps in Smooth Functioning of Judiciary
By clearly stating which court should try which offence, BNSS 21 makes the justice system run smoothly. It reduces confusion, avoids delay, and ensures that each court works within its limits. It also helps in managing the load of cases effectively. Lower courts deal with minor matters quickly, while higher courts focus on serious issues. This organized system saves time and ensures that justice is delivered fairly, efficiently, and without unnecessary delay.
Example 1: Theft Case Tried in Magistrate’s Court
Situation:
Ramesh is caught stealing a mobile phone from a shop. The value of the phone is ₹10,000. The police file a case against Ramesh under the appropriate section of the Bharatiya Nyaya Sanhita for theft. As per the First Schedule, this offence is triable by a Judicial Magistrate of First Class, because the punishment is up to 3 years.
Application of BNSS Section 21:
According to BNSS Section 21(a)(iii), since theft is not a very serious offence and is triable by a lower court (as shown in the First Schedule), the case is assigned to the Magistrate’s Court. The court has the legal power (jurisdiction) to conduct the trial and pass an appropriate judgment.
Example 2: Rape Case Tried in Court Presided by a Woman Judge
Situation:
A woman files a complaint of rape against a man. The offence is registered under Section 64 of the Bharatiya Nyaya Sanhita, which is a serious and sensitive case.
Application of BNSS Section 21:
According to the proviso in BNSS Section 21(a), cases under sections like 64 (rape) should be tried, as far as practicable, by a Court presided over by a woman. Since this is a serious offence, it will be heard in a Sessions Court, and the judiciary will try to assign a woman judge to handle the case. This is to ensure sensitivity towards the victim and a comfortable trial environment.
Section 21 of BNSS Short Information
| Section 21 of BNSS | Explanation |
|---|---|
| Section Name | Courts by which offences are triable |
| Main Law | Bharatiya Nyaya Sanhita (BNS), 2023 |
| Applies To | All criminal cases under BNS and other criminal laws |
| Courts Involved | High Court, Court of Session, or other courts listed in First Schedule |
| Special Rule for Women | Cases under Sections 64–71 to be tried by a woman judge, if possible |
| Other Laws | If no court is mentioned in the other law, BNS rules apply |
BNSS Section 19 FAQs
BNSS 21
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