Code of Criminal Procedure, 1973 · Chapter XIII: Jurisdiction of the Criminal Courts in Inquiries and Trials
Section 186: High Court to decide, in case of doubt, district where inquiry or trial shall take place
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
Where two or more courts have taken cognizance of the same offence and there is doubt about which should try it, the common High Court decides, or if they are under different High Courts, the High Court where proceedings first began. The other proceedings are then discontinued.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 186
- P C Sanghi v. Sidharth Sanwaria
- Union of India v. Ashok Kumar Sharma and Others
- Rana Nahid @ Reshma @ Sana & Anr. v. Sahidul Haq Chisti
- State of Jharkhand Through Sp, CBI v. Lalu Prasad @ Lalu Prasad Y Aday
- Subramanian Swamy v. Union of India, Ministry of Law & Ors.
- State of Rajasthan v. Bhagwan Das Agrawal & Others
- Ram Lal Narang Etc. Etc. v. State of Delhi (Admn.)