Section 206 BNSS: High Court to decide, in case of doubt, district where inquiry or trial shall take place (Formerly Section 186 CrPC)

Section 206 of Bharatiya Nagarik Suraksha Sanhita, 2023: High Court to decide, in case of doubt, district where inquiry or trial shall take place

Official Bare Act Text

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

Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided—

(a) if the Courts are subordinate to the same High Court, by that High Court;

(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 offence shall be discontinued.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g)

Legal Commentary & Landmark Judgments: Section 206

Section 206 empowers the High Court to decide, in case of doubt, which of two or more courts having jurisdiction shall inquire into or try an offence.

Jurisdictional Doubt: Doubt arises as to which of two or more courts subordinate to the same High Court (or different High Courts) should try the case.
High Court Determination: Decided conclusively by the High Court within whose territory proceedings were first commenced.
Finality of Determination: Binds all subordinate courts and terminates venue litigation.

Key Landmark Precedents:

Charan Lal Sahu v. Union of India (1990) 1 SCC 613: Emphasised that judicial determination of trial forum eliminates conflicting jurisdictional rulings across subordinate courts.
Trisuns Chemical Industry v. Rajesh Agarwal (1999) 8 SCC 686: Affirmed that resolving forum doubts lies within the supervisory jurisdiction of the High Court.

Courtroom Practice & Strategic Litigation Guidance:

If two magistrates in different districts take conflicting cognizance over the same cyber fraud or cheque transaction, move an application under Section 206 before the High Court to designate the appropriate trial court.