Section 205 BNSS: Power to Order Cases to Be Tried in Different Sessions Divisions
Section 205 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) gives the State Government a limited overriding power to direct that a case, or a class of cases, committed for trial in a district may be tried in another sessions division. That power is expressly subject to any prior direction issued by the High Court or the Supreme Court under the Constitution, the BNSS, or any other law in force.
Text of Section 205, Bharatiya Nagarik Suraksha Sanhita, 2023
205. 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 case 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 Sanhita or any other law for the time being in force.
Meaning of Section 205 BNSS
Section 205 is an exception to the ordinary territorial-jurisdiction rules contained in the preceding provisions of Chapter XIV of the BNSS. The opening words, "Notwithstanding anything contained in the preceding provisions of this Chapter", give the section overriding effect over those earlier provisions to the extent necessary for a valid State Government direction under Section 205.
The provision therefore permits the State Government to direct that a case already committed for trial in a district, or a defined class of such cases, be tried in a different sessions division. However, this executive power is not absolute because the proviso protects prior judicial directions issued by the High Court or Supreme Court.
What Is a Sessions Division?
Under Section 7 BNSS, every State is either a sessions division or consists of sessions divisions, and every sessions division is a district or consists of districts for the purposes of the Sanhita. Section 8 BNSS requires the State Government to establish a Court of Session for every sessions division.
Accordingly, when Section 205 refers to trial in "any sessions division", it concerns the territorial division for which a Court of Session is established under the BNSS.
Scope of the State Government's Power
| Element | Effect under Section 205 |
|---|---|
| Who may issue the direction? | The State Government. |
| What may be covered? | Any case or class of cases committed for trial in any district. |
| Where may the case be tried? | In any sessions division, subject to the statutory limitation in the proviso. |
| What provisions may be overridden? | The preceding provisions of Chapter XIV, to the extent permitted by the non-obstante clause. |
| What cannot be overridden? | A prior direction of the High Court or Supreme Court under the Constitution, the BNSS, or any other law in force. |
Meaning of the Non-Obstante Clause
A non-obstante clause is language intended to give a provision overriding operation where there is an inconsistency with provisions identified in the clause. In Section 205, the words "Notwithstanding anything contained in the preceding provisions of this Chapter" mean that a valid State Government direction may operate even though the ordinary place-of-trial provisions appearing earlier in Chapter XIV would otherwise point to another forum.
The clause should be read together with the proviso. The overriding power applies against the preceding provisions of the Chapter, but it does not authorise a State Government direction that is repugnant to a previously issued High Court or Supreme Court direction falling within the proviso.
Importance of the Proviso
The proviso creates an express statutory safeguard. Where the High Court or Supreme Court has already issued a direction under the Constitution, the BNSS, or another law for the time being in force, the State Government cannot issue a Section 205 direction that conflicts with that judicial direction.
In practical terms, the proviso confirms the priority of an applicable prior judicial direction over an inconsistent executive direction under Section 205.
Case or Class of Cases
Section 205 is framed broadly enough to apply either to an individual case or to a class of cases. The statutory language therefore permits a direction tailored to one proceeding as well as a direction covering a defined category of cases, provided the other requirements of Section 205 are satisfied.
Section 205 BNSS and Former Section 185 CrPC
Section 205 BNSS corresponds to former Section 185 of the Code of Criminal Procedure, 1973. The substantive structure remains substantially the same: the State Government may direct that cases committed for trial in a district be tried in another sessions division, while remaining subject to prior directions of the High Court or Supreme Court.
Key Points
- Section 205 concerns territorial placement of Sessions trials.
- The power is vested in the State Government.
- It may apply to an individual case or a class of cases.
- The case must be one committed for trial in a district.
- The State Government may direct trial in another sessions division.
- The section overrides preceding provisions of Chapter XIV to the extent of a valid direction.
- A prior inconsistent direction of the High Court or Supreme Court prevails over a State Government direction.
Related BNSS Provisions
For the surrounding territorial-jurisdiction rules, see Section 201 - Place of trial in case of certain offences, Section 202 - Offences by electronic communications, letters, etc., Section 203 - Offence committed on journey or voyage, Section 204 - Place of trial for offences triable together, and Section 206 - High Court to decide district where inquiry or trial shall take place.
Last reviewed: 11 September 2026.