Introduction
Section 205 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to order that cases which would ordinarily be tried together before a particular Court may instead be tried separately in different Sessions divisions.
The provision recognises that, although several offences or cases may be connected for purposes of trial, circumstances may exist where separate trials in different Sessions divisions are considered appropriate.
Statutory Basis
Section 205 of BNSS, 2023 provides a specific power to the State Government to direct that cases or classes of cases committed for trial in one Sessions division may be tried in another Sessions division.
The provision operates as an exception to the ordinary territorial arrangement governing criminal trials.
Meaning of Section 205
Section 205 enables the State Government, by notification, to direct that:
- any case or class of cases committed for trial in any Sessions division may be tried in another Sessions division; or
- any case or class of cases may be tried by a particular Court in another Sessions division.
The power is intended to deal with situations where the ordinary territorial allocation of criminal cases may not be suitable.
Object and Purpose
The purpose of Section 205 is to provide administrative flexibility in the allocation of criminal trials between Sessions divisions.
There may be circumstances where a particular case or category of cases needs to be tried outside the Sessions division in which it would ordinarily be tried.
Section 205 enables the State Government to make such an arrangement through a formal notification.
Essential Elements
1. Power of the State Government
The power under Section 205 is vested in the State Government.
It is therefore different from ordinary judicial determination of territorial jurisdiction by a criminal Court.
2. Notification
The power is exercised through a notification.
The notification provides the legal basis for directing the trial to be conducted in another Sessions division.
3. Individual Cases or Classes of Cases
The power can operate in relation to:
- a particular case; or
- a class of cases.
This allows the provision to address both individual situations and categories of proceedings.
4. Trial in Another Sessions Division
The provision permits the case or class of cases to be tried in a Sessions division different from the one in which it would ordinarily be tried.
Nature of the Power
The power under Section 205 is an administrative and jurisdictional power concerning the place of trial.
It does not determine the guilt or innocence of an accused person.
It also does not alter the substantive offence with which the accused is charged.
The provision merely permits the State Government to change the Sessions division in which the trial is to take place in accordance with the statutory mechanism.
Procedure
The operation of Section 205 may be understood as follows:
- A case or class of cases falls within the scope of the provision.
- The State Government considers that the ordinary Sessions division is not the appropriate division for the trial.
- The State Government issues the required notification.
- The notification directs that the case or class of cases be tried in another Sessions division.
- The trial is thereafter conducted by the competent Court in accordance with BNSS.
Example
Suppose several connected criminal cases are ordinarily required to be tried in Sessions Division A.
The State Government considers it appropriate that those cases be tried in Sessions Division B.
Where the statutory requirements of Section 205 are satisfied, the State Government may issue a notification directing that the specified cases or class of cases be tried in Sessions Division B.
Important Distinctions
Section 205 and Ordinary Territorial Jurisdiction
The ordinary rules of territorial jurisdiction determine the place where criminal proceedings should ordinarily be conducted.
Section 205 provides a specific statutory mechanism through which the State Government may direct trial in another Sessions division.
Section 205 and Transfer of Criminal Cases
Section 205 is not the same as the judicial power to transfer criminal cases.
Section 205 specifically concerns the State Government’s power to direct the place of trial through notification.
Other provisions of BNSS deal with judicial transfer of criminal cases.
Section 205 and Section 204
Section 204 deals with the place of trial where offences are legally capable of being tried together.
Section 205 deals with the power to direct that cases be tried in a different Sessions division.
Thus, Section 204 concerns the territorial jurisdiction applicable to offences triable together, whereas Section 205 provides a specific mechanism for altering the Sessions division in which specified cases are tried.
BNSS and CrPC
Section 205 of BNSS broadly corresponds to Section 185 of the Code of Criminal Procedure, 1973.
The basic principle has been retained: the State Government may direct, by notification, that cases or classes of cases committed for trial in one Sessions division may be tried in another Sessions division.
The provision therefore continues the earlier procedural mechanism with the corresponding BNSS numbering.
Relationship with BNS and BSA
The Bharatiya Nyaya Sanhita, 2023 (BNS) establishes substantive criminal offences.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) establishes the procedural framework governing criminal trials and jurisdiction.
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the evidentiary rules applicable during trial.
Section 205 is concerned only with the procedural question of the Sessions division in which a case is to be tried.
Important BNSS Provisions
- Section 197: Ordinary place of inquiry and trial.
- Section 198: Place of inquiry or trial.
- Section 199: Offence triable where act is done or consequence ensues.
- Section 200: Offence by reason of relation to other offence.
- Section 201: Place of trial in case of certain offences.
- Section 202: Offences committed by means of electronic communications, letters, etc.
- Section 203: Offence committed on journey or voyage.
- Section 204: Place of trial for offences triable together.
- Section 205: Power to order cases to be tried in different Sessions divisions.
- Section 206: High Court to decide, in case of doubt, district where inquiry or trial shall take place.
Common Confusions
Can a Magistrate exercise the power under Section 205?
No.
The power under Section 205 is specifically vested in the State Government.
Does Section 205 transfer a case because the accused requests it?
Section 205 concerns the statutory power of the State Government to direct trial in another Sessions division. It should not be confused with judicial transfer proceedings available under other provisions of BNSS.
Does Section 205 change the offence charged?
No.
It concerns the place where the trial is conducted. It does not alter the substantive offence or the applicable punishment.
Does Section 205 automatically transfer every connected case?
No.
The provision operates through a notification concerning the particular case or class of cases specified in the notification.
Quick Revision
- Section 205 BNSS deals with the power to order cases to be tried in different Sessions divisions.
- The power is vested in the State Government.
- It is exercised through a notification.
- The notification may concern a particular case or a class of cases.
- Cases committed for trial in one Sessions division may, under the provision, be directed to be tried in another Sessions division.
- Section 205 is concerned with the place of trial, not the merits of the criminal charge.
- It should be distinguished from judicial transfer of criminal cases.
- It broadly corresponds to Section 185 CrPC, 1973.
ALSO READ: Section 204 – Place of trial for offences triable together
Conclusion
Section 205 of the BNSS provides a statutory mechanism for changing the Sessions division in which specified criminal cases are tried. By vesting this power in the State Government and requiring its exercise through notification, the provision permits exceptional administrative arrangements concerning the place of trial while leaving the substantive criminal liability of the accused unaffected.
