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(Guest)

High court

Is High Court considered as trial court ?



Learning

 3 Replies

Tajobsindia (Senior Partner )     25 November 2012

A trial court or court of first instance is a court in which trials take place and is called as Trial Court in simplest explantion. Thus High Court is not considered as Trial Court.


(Guest)

Sir thank you for the explanation.

Chetan Joshi (Advisory/Advocacy)     26 November 2012

Yes it can be in exceptional circumstances....

 

 

 

26. Courts by which offences are triable.

 

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 offence under section 376 and sections 376A to 376D 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.

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com


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