Section 205 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 205 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to the power of the State Government to order cases to be tried in different sessions divisions:
🧾 Section 205: Power to Order Cases to Be Tried in Different Sessions Divisions
1. Authority of the State Government
Empowerment: The State Government is vested with the authority to direct that any specific case or category of cases, which have been committed for trial in a particular district, may instead be tried in any other sessions division within the state.)
2. Limitation on the Exercise of Power
Consistency with Higher Judicial Directives: This power is exercisable provided that the direction issued by the State Government does not conflict with or is not repugnant to any prior directions issued by the High Court or the Supreme Court under the Constitution, the BNSS, or any other prevailing law
Example: If the High Court has previously issued a directive that a specific category of cases should be tried in a particular sessions division, the State Government cannot override this directive by directing that such cases be tried elsewhere.
3. Purpose and Rationale
Judicial Efficiency and Fairness: This provision aims to enhance the efficiency of the judicial process and ensure fair trials by allowing flexibility in the allocation of cases to appropriate sessions divisions.
Example: In cases where a trial in the original sessions division may lead to delays or logistical challenges, the State Government can intervene to facilitate a more expedient trial process by transferring the case to a more suitable sessions division.(apnilaw.com)
⚖️ Comparison with the Indian Penal Code (IPC)
IPC Reference: The corresponding provision in the Indian Penal Code is Section 185, which similarly empowers the State Government to direct that cases be tried in different sessions divisions.
Section 185 of the IPC: “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 Code or any other law for the time being in force.”
🧭 Key Takeaways
State Government's Discretion: The State Government possesses discretionary power to direct the trial of cases in different sessions divisions to promote judicial efficiency and fairness.
Adherence to Higher Judicial Directives: Any such direction must align with prior directives from the High Court or Supreme Court to maintain consistency and uphold the rule of law.
Enhancement of Judicial Processes: This provision serves as a tool to address practical challenges in the judicial process, ensuring that cases are tried in the most appropriate and efficient manner possible.
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