Section 205 BNSS: Power to order cases to be tried in different sessions divisions (Formerly Section 185 CrPC)

Section 205 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to order cases to be tried in different sessions divisions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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 Sanhita or any other law for the time being in force.

Legal Commentary & Landmark Judgments: Section 205

Section 205 empowers the State Government to direct that any cases or class of cases committed for trial in any district may be tried in any sessions division, subject to the condition that no contrary direction has been issued by the High Court or Supreme Court.

State Government Notification: Directing trial of particular cases in a specified sessions division.
Public Order & Security Rationale: Deployed where local communal tension or extremist threat makes trial in the home district impossible.
Subordination to Judicial Orders: Invalid if contrary to directions issued by High Court or Supreme Court.

Key Landmark Precedents:

A.R. Antulay v. R.S. Nayak (1988) 2 SCC 602: The Constitution Bench settled that executive transfer of cases under procedural law must strictly conform to constitutional fair trial standards and cannot override judicial transfer orders.
Kehar Singh v. State (Delhi Administration) (1988) 3 SCC 609: Affirmed the state's power to specify secure trial venues in high-risk assassinations.

Courtroom Practice & Strategic Litigation Guidance:

Challenge any executive transfer notification under Section 205 if it was issued out of political vendetta to place the trial before a favored judge. Judicial transfer under Section 446 BNSS is the constitutionally preferred route.