The offence u/s. 64 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a…

The proviso to section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly the proviso to section 26(a) CrPC) requires an offence under section 64 of the Bharatiya Nyaya Sanhita, 2023 to be tried, as far as practicable, by a court presided over by a woman. The qualification concerns practical availability; it does not state that every trial before a male judge is automatically invalid.

Why not "Only if the victim requests it."? The proviso to section 21 BNSS directs trial by a court presided over by a woman as far as practicable without making it depend on any request by the victim.