Code of Criminal Procedure, 1973
Chapter III :
Power Of Courts :
Section 26 :
Courts by which offences are triable :
Subject to the other provisions of this Code,—
(a) any offence under the Indian Penal Code (45 of 1860) may be tried by—
(i) the High Court, or
(ii) the Court of Session, or
(iii) any other Court by which such offence is shown in the First Schedule to be triable;
1.[Provided that any 2.[offence under section 376 , 3.[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB ] or section 376E of the Indian Penal Code (45 of 1860)] shall be tried as far as practicable by a Court presided over by a woman.]
(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by—
(i) the High Court, or
(ii) any other Court by which such offence is shown in the First Schedule to be triable.
State Amendment :
Uttar Pradesh :
In section 26, for clause (b), the following clause shall be substituted namely:-
(b)any offence under any other law may be tried -
(i)when any Court is mentioned in this behalf in such law, by such Court, or by any Court superior in rank to such Court, and
(ii)when no Court is so mentioned, by any Court by which such offence is shown in the First Schedule to be triable, or by any Court superior in rank to such Court (1984).
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1. Ins. by Act 5 of 2009, s. 4 (w.e.f. 31-12-2009).
2. Subs. by Act 13 of 2013, s. 11, for “offence under section 376 and sections 376A to 376D of the Indian Penal Code (45 of 1860)” (w.e.f. 3-2-2013).
3. Subs. by Act 22 of 2019, s. 10, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2018).
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