Code of Criminal Procedure, 1973

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 ²[offence under section 376, ³[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, 376DB] 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

Arunachal Pradesh.--

Amendment of section 26.--In the Code of Criminal Procedure, 1973 (hereafter referred to as the principal Act), in section 26, in the proviso to clause (a), for the words figures and letters "offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code" the words, figures and letters "offence under section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, 376DA of section 376E of the Indian Penal Code shall be substituted.

[Vide Arunachal Pradesh Act 3 of 2019, s. 11]

Uttar Pradesh

In section 26 of the said Code, 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 no court is so mentioned, by any court by which such offence is shown in the First Schedule to be tribal, or by any court superior in rank to such court.

[Vide Uttar Pradesh Act 1 of 1984, s. 6]