Section 206 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 206 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 206 of the BNSS, 2023, addresses situations where multiple courts have taken cognizance of the same offense and a question arises regarding which court should conduct the inquiry or trial. This provision ensures clarity and prevents conflicting proceedings in such cases.(
📜 Text of Section 206
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 offense and a question arises as to which of them ought to inquire into or try that offense, the question shall be decided—(sudhirrao.com)
(a) if the courts are subordinate to the same High Court, by that High Court;(snappar.com)
(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 offense shall be discontinued.(prashantkanha.com)
⚖️ Corresponding Provision in the Code of Criminal Procedure (CrPC)
Section 206 of the BNSS, 2023, corresponds to Section 186 of the Indian Penal Code (IPC). Both provisions deal with the determination of jurisdiction when multiple courts have taken cognizance of the same offense. They provide a mechanism to resolve jurisdictional conflicts and ensure that only one court proceeds with the inquiry or trial.(apnilaw.com)
🧭 Purpose and Significance
Prevention of Conflicting Proceedings: By designating a specific court to handle the case, this section prevents conflicting judgments and ensures consistency in legal proceedings.
Clarity in Jurisdiction: It provides a clear procedure for determining jurisdiction, which is crucial for the smooth functioning of the judicial system.
Efficiency in Legal Processes: By consolidating proceedings in one court, resources are utilized more efficiently, and the legal process becomes more streamlined.
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