Bharatiya Nagarik Suraksha Sanhita, 2023
Section 206 BNSS: High Court to decide the proper district for inquiry or trial
Section 206 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a jurisdictional conflict that arises when two or more criminal courts have already taken cognizance of the same offence and a question arises as to which court should conduct the inquiry or trial.
In brief: if the competing courts are subordinate to the same High Court, that High Court decides the issue. If they are subordinate to different High Courts, the High Court within whose appellate criminal jurisdiction the proceedings were first commenced decides the question, and the other proceedings relating to that offence are discontinued.
Text of Section 206 BNSS
206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.
Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided—
(a) if the Courts are subordinate to the same High Court, by that High Court;
(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued.
Meaning and scope of Section 206
The provision is designed to avoid parallel criminal proceedings for the same offence continuing before different courts after each has taken cognizance. It provides a statutory method for identifying the court that should proceed when there is doubt about the proper territorial forum.
1. Two or more courts must have taken cognizance
Section 206 applies where two or more courts have taken cognizance of the same offence. A mere possibility that more than one court may have territorial jurisdiction is not, by itself, the situation addressed by this section. The statutory trigger is the existence of competing cognizance proceedings relating to the same offence.
2. Courts subordinate to the same High Court
If all the competing courts are subordinate to one High Court, that High Court decides which court should inquire into or try the offence. This provides a single supervisory forum for resolving the conflict.
3. Courts subordinate to different High Courts
Where the competing courts fall under different High Courts, the deciding High Court is the High Court within whose local appellate criminal jurisdiction the proceedings were first commenced.
4. Effect of the High Court decision
After the appropriate High Court determines the proper forum under clause (b), all other proceedings in respect of that offence are to be discontinued. The object is to prevent duplication, conflicting proceedings, and unnecessary multiplicity of criminal trials concerning the same offence.
Section 206 BNSS and former Section 186 CrPC
Section 206 BNSS corresponds to former Section 186 of the Code of Criminal Procedure, 1973. The core rule has been carried forward substantially unchanged into the BNSS.
| BNSS, 2023 | Earlier CrPC, 1973 | Subject |
|---|---|---|
| Section 206 | Section 186 | High Court to decide, in case of doubt, the district where inquiry or trial shall take place. |
When did the BNSS come into force?
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification.
Practical note: questions of criminal jurisdiction can depend on the precise allegations, the stage at which cognizance was taken, the identity of the offence, and the courts involved. Section 206 should therefore be read with the other BNSS provisions dealing with place of inquiry and trial.
Related BNSS provisions on place of inquiry and trial
Section 206 forms part of the BNSS scheme governing territorial jurisdiction. Nearby provisions address particular situations such as offences triable together, offences committed during a journey, offences involving electronic communications, and offences committed beyond local jurisdiction.