Section 26 of CrPC : Section 26: Courts by which offences are triable.

CrPC

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Explanation using Example

Example 1:

Scenario: Rajesh is accused of committing theft under Section 379 of the Indian Penal Code (IPC).

Application of Section 26:

  • According to Section 26(a) of the Code of Criminal Procedure, 1973, the offence of theft under the IPC can be tried by:
    • The High Court,
    • The Court of Session, or
    • Any other Court as specified in the First Schedule of the Code of Criminal Procedure.

Outcome: Rajesh's case can be brought before any of these courts depending on the jurisdiction and the specifics of the case.

Example 2:

Scenario: Priya is accused of committing an offence under Section 376 (rape) of the Indian Penal Code.

Application of Section 26:

  • According to the proviso in Section 26(a) of the Code of Criminal Procedure, 1973, the offence of rape should be tried, as far as practicable, by a Court presided over by a woman.

Outcome: Priya's case will be assigned to a court with a female judge, if possible, to ensure sensitivity and fairness in handling the case.

Example 3:

Scenario: Anil is accused of violating a provision under the Information Technology Act, 2000, which does not specify a particular court for trial.

Application of Section 26:

  • According to Section 26(b) of the Code of Criminal Procedure, 1973, since the Information Technology Act does not specify a particular court, the offence can be tried by:
    • The High Court, or
    • Any other Court as specified in the First Schedule of the Code of Criminal Procedure.

Outcome: Anil's case can be brought before the High Court or any other competent court as per the First Schedule.

Example 4:

Scenario: Sunita is accused of committing an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, which specifies that such offences should be tried by a Special Court.

Application of Section 26:

  • According to Section 26(b) of the Code of Criminal Procedure, 1973, since the Narcotic Drugs and Psychotropic Substances Act specifies that offences under it should be tried by a Special Court, Sunita's case will be tried by the Special Court designated for such offences.

Outcome: Sunita's case will be brought before the Special Court as specified by the Narcotic Drugs and Psychotropic Substances Act.