The Constitution of India · Ch. IV — THE UNION JUDICIARY

Section 136 — Special leave to appeal by the Supreme Court

(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

How offences under the COI are classified

Sections of the COI are not classified one by one by any First Schedule. Part II of the First Schedule to the BNSS classifies offences under every other law by the punishment they carry — and the CRPC’s First Schedule sets out the same three bands.

If punishable with death, imprisonment for life, or imprisonment for more than 7 years.

Arrest: Cognizable
Bail: Non-bailable
Triable by: Court of Session

If punishable with imprisonment for 3 years and upwards but not more than 7 years.

Arrest: Cognizable
Bail: Non-bailable
Triable by: Magistrate of the first class

If punishable with imprisonment for less than 3 years or with fine only.

Arrest: Non-cognizable
Bail: Bailable
Triable by: Any Magistrate

Read it against the punishment in the section above. Vidhara does not place a section in a band for you — that turns on the exact wording of its punishment, which is the section’s to say and not ours.

And a special or local law may provide otherwise: see BNSS section 5, which saves any special jurisdiction, power or procedure another law lays down.

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Source & version

Official text: India Code (official) ↗

Official India Code text: The Constitution of India [English, 2026 consolidation], PDF (bitstream “The Constitution of India in English 2026.pdf”, 3,949,443 bytes, sha256 5b1a6b76…) fetched from indiacode.gov.in on 2026-08-30 via the DSpace 7 REST API (item handle 123456789/618394, “Constitution of India” community; the portal migrated from indiacode.nic.in and re-issued every handle). Replaces the consolidation as on 2020-12-09, and so incorporates the 105th Amendment (arts. 338B, 342A, 366) and the 106th (arts. 330A, 332A, 334A — reservation of seats for women). Extracted via pdftotext 26.07 -bbox and the @nexlex/ingest inline parser. Articles only — the twelve Schedules are excluded from this pass, as they were from the last. This print is set on a 360×504 page and varies its body type between 8.10pt and 8.96pt with footnotes at 6.80–7.24pt, so it is parsed with an explicit body floor of 7.7pt and word floor of 6.0pt (D-086); art. 232's body is the substitution note the print gives it and is accepted as such. Automated parse; footnotes/amendment history excluded; spot-verified; full clause-level proofread pending.

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