BNSS Section 204 Explained: Place of Trial for Offences Triable Together

 


1. Introduction: The Puzzle of Jurisdiction in Joint Trials

Under Indian criminal procedure, the general rule is simple — a criminal case should ordinarily be tried by a court within whose local limits the offence was committed. This foundational principle, outlined in BNSS Sections 198 to 203, ensures that the trial takes place where the alleged act occurred.

However, real-life criminal cases often defy simplicity. What happens when an accused commits multiple offences in different places? Or when several persons, each from a different location, are part of the same criminal transaction? If the rule of "place of occurrence" is applied strictly, we could end up with multiple trials for the same criminal conduct — a waste of judicial time and a risk of inconsistent verdicts.

This is where BNSS Section 204 steps in as a critical provision. It introduces flexibility into the rigid rules of jurisdiction, ensuring that when offences or persons are triable together, the law allows for one consolidated trial before any competent court.

In short, Section 204 BNSS harmonizes the principles of jurisdiction with the practical need for judicial efficiency in cases involving joinder of charges or joinder of persons.

2. What is Section 204 of the BNSS, 2023? (The Core Provision)

Here’s the official text of the section for reference:

Section 204 — Place of trial for offences triable together
“Where—
(a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or
(b) the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 246,
the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.”

Simple Explanation

In essence, BNSS Section 204 provides that if the law allows multiple charges or multiple accused persons to be combined into one trial, then any court that has jurisdiction over at least one of those offences (or one of those accused) can try the entire case.

This ensures that the court system doesn’t have to conduct separate trials in different places for the same set of facts.

3. Scenario 1: One Person, Multiple Offences (Section 204(a))

This part of Section 204 deals with a single accused who has committed several offences, possibly in different locations.

If the charges can be joined together under any of the following sections — BNSS Section 242, Section 243, or Section 244 — then any court competent to try one of those offences can try all of them together.

  • BNSS Section 242: Allows joint trials for multiple offences of the same kind committed within a span of 12 months.

  • BNSS Section 243: Applies when one act constitutes multiple distinct offences under different laws.

  • BNSS Section 244: Covers cases where several acts form a single offence or different offences when combined.

Practical Example

Suppose a person commits criminal breach of trust (Section 316) in Mumbai and, during the same transaction, falsifies accounts (Section 355) in Pune. These offences are linked by the same course of action.

Under BNSS Section 243, the charges can be joined in a single trial. Thanks to Section 204(a), both the Mumbai court and the Pune court are competent to try the entire case.

This avoids the impracticality of holding separate trials in two cities for offences that stem from the same criminal conduct.

4. Scenario 2: Multiple Persons, Joint Trial (Section 204(b))

Section 204(b) addresses situations involving multiple accused persons connected to the same crime or criminal transaction.

Here, BNSS Section 246 becomes relevant, as it governs joinder of persons. Under Section 246, two or more persons can be tried together when:

  • They are accused of the same offence committed in the course of the same transaction.

  • One is accused of committing an offence, and another is accused of abetting or attempting it.

  • Different offences arise out of the same set of facts.

Practical Example

Imagine Person X conspires in Delhi to commit a robbery, and Person Y executes the robbery in Noida. Delhi falls under one jurisdiction (Court A) and Noida under another (Court B).

Since they are jointly involved in one transaction, BNSS Section 246 allows them to be tried together. Consequently, BNSS Section 204(b) provides that either the Delhi court or the Noida court can hold the joint trial.

This approach promotes consistency and ensures that all parties connected to a single offence face trial in one competent forum.

5. The Key Principle: “Any Court Competent to Inquire Into or Try”

This phrase is the cornerstone of BNSS Section 204. But what does “competent” mean in this context?

  • Competent Court: It does not mean any court in India. The court must have jurisdiction over at least one of the offences or accused persons involved, based on the general jurisdictional rules found in BNSS Sections 198–203.

  • Jurisdictional Power: The court must also have the authority to try that category of offence — for instance, a Magistrate cannot try cases exclusively triable by a Court of Session, unless it is committing the case to that higher court.

The rationale behind this flexibility is to avoid multiplicity of proceedings. Without such a provision, every offence or accused linked to the same transaction would have to be tried separately, leading to duplication, delay, and wasted judicial effort.

Thus, BNSS Section 204 embodies the principle of judicial economy and ensures the coherence of criminal adjudication.

6. BNSS Section 204 vs. CrPC Section 184 (A Note for Professionals)

For practitioners familiar with the Code of Criminal Procedure, 1973, it’s important to note that BNSS Section 204 is pari materia with Section 184 of the CrPC.

Both provisions serve the same function — deciding the place of trial for offences triable together.

While the Bharatiya Nagarik Suraksha Sanhita (BNSS) has modernized and simplified procedural law, it has retained the fundamental principles of criminal jurisdiction. This continuity ensures a smooth transition for lawyers, judges, and police officers adapting to the new code.

Thus, Section 204 BNSS explained means understanding that the law remains rooted in the same rationale as before — to consolidate trials when justice demands efficiency and coherence.

7. Conclusion: The Impact of Section 204 on Criminal Justice

In the vast and complex landscape of criminal litigation, jurisdictional conflicts can easily arise when offences are committed across multiple places or involve several accused. BNSS Section 204 provides a simple, yet powerful, rule to resolve such conflicts.

It establishes that when offences or offenders are triable together, any court with jurisdiction over one part of the case can take cognizance of the whole matter.

This ensures:

  • Procedural convenience for courts and investigators.

  • Consistency in verdicts, since one court hears the entire story.

  • Reduction in delays by avoiding multiple fragmented trials.

In essence, Section 204 of the BNSS is a rule of procedural efficiency, not a substantive law of crime. It reinforces that the purpose of the Bharatiya Nagarik Suraksha Sanhita is not merely to punish but to streamline justice delivery in a logical, coordinated, and efficient manner.

Also read: BNSS Section 202

8. Frequently Asked Questions (FAQ)

Q1: What is the main purpose of BNSS Section 204?
A: To specify the place of trial when multiple offences or multiple persons are being tried together. It allows any court competent to try one of the offences to try all of them.

Q2: Does Section 204 allow the police to choose any court in India?
A: No. The choice is restricted to courts that already have jurisdiction over at least one of the individual offences or persons, as defined in BNSS Sections 198–203.

Q3: How does Section 204 relate to Section 246 (Joinder of Persons)?
A: Section 246 governs when multiple persons can be tried together. Section 204 then determines where that joint trial can take place. Thus, Section 204(b) applies only after satisfying the conditions of Section 246.

Q4: Is BNSS Section 204 a new law?
A: No. It corresponds to Section 184 of the CrPC, 1973, and carries forward the same legal principle regarding the place of trial for offences triable together.

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