Section 21 of BNSS : Section 21: Courts by which offences are triable.

Explanation using Example

Example 1:

Scenario: Rina is a victim of a serious assault that falls under Section 64 of the Bharatiya Nyaya Sanhita, 2023. She files a complaint at the local police station.

Application of the Act:

• According to Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence under Section 64 should be tried by a court presided over by a woman, as far as practicable.
• The case is then assigned to a female judge in the Court of Session, as it is a serious offence.

Outcome: Rina's case is heard by a female judge in the Court of Session, ensuring that the legal provisions are followed.

Example 2:

Scenario: Raj is accused of theft, an offence under the Bharatiya Nyaya Sanhita, 2023. The police arrest him and file a charge sheet.

Application of the Act:

• According to Section 21(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence of theft can be tried by the High Court, the Court of Session, or any other court specified in the First Schedule.
• The First Schedule indicates that theft is triable by a Magistrate's Court.
• Therefore, Raj's case is assigned to the Magistrate's Court for trial.

Outcome: Raj's case is heard in the Magistrate's Court, following the guidelines provided in the Act.

Example 3:

Scenario: Priya is accused of violating a specific environmental law that does not specify which court should try the offence.

Application of the Act:

• According to Section 21(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if no specific court is mentioned in the law, the offence can be tried by the High Court or any other court specified in the First Schedule.
• The First Schedule indicates that such environmental offences are triable by the Court of Session.

Outcome: Priya's case is assigned to the Court of Session for trial, ensuring compliance with the Act.

Example 4:

Scenario: Anil is accused of cyber fraud, an offence under a new cyber law that specifies the District Court as the trial court.

Application of the Act:

• According to Section 21(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, since the cyber law specifies the District Court, Anil's case will be tried there.

Outcome: Anil's case is heard in the District Court, as specified by the cyber law, in accordance with the Act.