CHAPTER XIV: JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
This chapter answers the question: “Which court in which city has the power to hold this trial?”
Section 197: Ordinary place of inquiry and trial
- Simple English: This is the main, default rule. Every crime should ordinarily be tried by a court in the city or district (the “local jurisdiction”) where the crime was actually committed.
- Real-World Example: A theft happens in a house in Pune. The trial must take place in a court in Pune, not in Mumbai or Delhi.
Section 198: Place of inquiry or trial (Exceptions for Uncertainty)
This section provides flexibility when it’s unclear where the crime happened.
- (a) Simple English: If it’s uncertain which of several areas was the actual crime scene.
- Example: A person is kidnapped, and it’s unclear if they were grabbed in District A or just over the border in District B.
- (b) Simple English: Where the offence happened partly in one area and partly in another.
- Example: A conspiracy is hatched in Patna (Area A) and the crime is committed in Ranchi (Area B).
- (c) Simple English: Where the offence is a continuing one (it keeps happening over time in different places).
- Example: A person is kidnapped in Delhi and then wrongfully confined in Haryana and then Punjab. The crime “continues” in all three states.
- (d) Simple English: Where the offence consists of several acts done in different areas.
- Example: Stolen goods are received in Area A, kept in Area B, and sold in Area C.
- The Rule: In any of these four situations, the case can be tried by a court in any one of the areas involved.
- Real-World Example: For the kidnapping in (c), the trial can happen in Delhi, Haryana, or Punjab, whichever is most practical.
Section 199: Offence triable where act is done or consequence ensues
- Simple English: This applies when an act is done in one place, but the result or consequence that makes it a crime happens in another place. The case can be tried in either location.
- Real-World Example: A man in City A forges a cheque and posts it. His agent in City B receives it and cashes it, causing a financial loss. The act (forgery) was in City A, but the consequence (the loss) was in City B. The trial can be held in either City A or City B.
Section 200: Place of trial where act is an offence by reason of relation to other offence
- Simple English: This applies when an act becomes a crime only because it’s linked to another crime. The case can be tried in the place where either of the two acts happened.
- Real-World Example:
- Crime 1: A person steals a bike in Pune.
- Crime 2 (Related): The person then takes the stolen bike to Mumbai and dishonestly receives it (which is a separate crime, “receiving stolen property”).
- The act of “receiving stolen property” is only a crime because it’s related to the first crime of “theft.” The trial for receiving stolen property can be held in either Mumbai (where he received it) or Pune (where the original theft happened).
Section 201: Place of trial in case of certain offences
This section provides specific jurisdiction rules for certain “location-based” crimes.
- Sub-section (1):
- Simple English: For offences like dacoity, dacoity with murder, belonging to a gang of dacoits, or escaping from custody, the trial can be held either in the place where the crime was committed or in any place where the accused person is found.
- Real-World Example: A gang of dacoits robs a bank in Patna (Bihar) and then flees. One of the dacoits is later arrested in Varanasi (Uttar Pradesh). The trial against that dacoit can be held in either Patna (where the crime happened) or Varanasi (where he was found).
- Sub-section (2):
- Simple English: For kidnapping or abduction, the trial can be held in any of the following places:
- The place where the person was kidnapped or abducted.
- Any place the person was “conveyed” (moved) through.
- Any place the person was concealed or detained (hidden).
- Real-World Example: A person is kidnapped in Noida (UP), driven through Delhi, and held captive in Gurugram (Haryana). The trial can be held in Noida, Delhi, or Gurugram.
- Simple English: For kidnapping or abduction, the trial can be held in any of the following places:
- Sub-section (3):
- Simple English: For theft, extortion, or robbery, the trial can be held either in the place where the crime was committed or in any place where the accused possessed, received, or retained the stolen property.
- Real-World Example: A person steals a diamond necklace in Mumbai (theft) and is later caught with it in Goa (possession of stolen property). The trial can be held in either Mumbai or Goa.
- Sub-section (4):
- Simple English: For “criminal misappropriation” or “criminal breach of trust” (e.g., an employee stealing company money), the trial can be held either where the offence happened or where any part of the property was received, retained, or was supposed to be returned by the accused.
- Real-World Example: A delivery agent in Delhi is given a package to deliver to a client in Jaipur. He instead takes the package to his own home in Agra and keeps it. The trial can be held in Delhi (where he received the package), Jaipur (where he was supposed to account for it), or Agra (where he retained it).
- Sub-section (5):
- Simple English: For any offence that includes possession of stolen property, the trial can be held either where the offence was committed or where the stolen property was found with the person who knew it was stolen.
- Real-World Example: This is very similar to sub-section (3). A person knowingly buys a stolen car in Pune (the offence) and is caught with it in Bengaluru (possession). The trial can be in either Pune or Bengaluru.
Section 202: Offences committed by means of electronic communications, letters, etc.
This section updates jurisdiction rules for modern, remote crimes.
- Sub-section (1):
- Simple English:
- For Cheating: If someone cheats you using electronic communication (email, WhatsApp), letters, or phone calls, the trial can be held either where the message was sent or where it was received.
- For Cheating + Delivery: If the cheating also involved you “delivering property” (like transferring money), the trial can be held either where you delivered it from or where the accused received it.
- Real-World Example: A scammer in Kolkata sends a phishing email to a victim in Bengaluru. The victim in Bengaluru transfers ₹1 lakh from their bank account to the scammer’s account in Kolkata. The trial for this cyber-crime can be held in either Kolkata (where the email was sent and money received) or Bengaluru (where the email was received and money was “delivered”).
- Simple English:
- Sub-section (2):
- Simple English: This provides specific rules for the offence of “bigamy” (Section 82 of BNS). The trial can be held either where the illegal second marriage took place, or where the offender last lived with their first spouse, or where the first wife has taken up permanent residence after the second marriage.
- Real-World Example: A man married to a woman in Delhi goes to Jaipur and marries a second woman. His first wife leaves him and moves to her parents’ house in Chandigarh. The trial for bigamy can be held in Jaipur (where the offence happened), Delhi (where he last lived with his first wife), or Chandigarh (where the first wife now resides).
Section 203: Offence committed on journey or voyage
- Simple English: If a crime is committed against a person or on a thing while they are on a journey (e.g., in a bus, train, or airplane), the trial can be held in any district that the person, vehicle, or vessel passed through during that single journey.
- Real-World Example: A passenger’s wallet is stolen on a train traveling from Delhi to Kolkata. The train passes through districts in Delhi, UP, Bihar, Jharkhand, and West Bengal. It’s unclear exactly where the theft happened. The trial can be held in any of those districts.
Section 204: Place of trial for offences triable together
- Simple English: If a person or a group of people commit multiple offences that are so connected they can be “charged and tried together” (under rules in Sections 242, 243, 246), the entire trial can be held in any court that has jurisdiction over any one of those offences.
- Real-World Example: A person breaks into a house in District A (house-breaking), steals jewelry, and sells it to a person in District B (receiving stolen property). Since these acts are part of the same transaction, the trial for both the house-breaking and the receiving of stolen goods can be held in either District A or District B.
Section 205: Power to order cases to be tried in different sessions divisions
- Simple English: The State Government has the power to direct that any case or type of case be transferred from one sessions division (district) and tried in another.
- Proviso: The State Government cannot do this if it contradicts a previous order from the High Court or Supreme Court (who have superior powers to transfer cases).
- Real-World Example: A case in District X is extremely sensitive and is causing riots and public order problems in that district. To ensure a fair and calm trial, the State Government can issue an order transferring the case to the Court of Session in District Y.
Section 206: High Court to decide, in case of doubt, district where inquiry or trial shall take place
This section is a “tie-breaker” for jurisdiction.
- Clause (a):
- Simple English: If two or more courts under the same High Court have both started proceedings (taken cognizance) for the same crime, that High Court will decide which court gets to proceed, and all other proceedings will be stopped.
- Real-World Example: A crime happens on the border of Pune and Satara districts (both under the Bombay High Court). The police in both districts file chargesheets in their local courts. The Bombay High Court will decide whether the Pune court or the Satara court will hold the trial.
- Clause (b):
- Simple English: If the two courts are under different High Courts, the High Court in whose territory the proceedings first began gets to decide the issue.
- Real-World Example: A company in Gurugram (Haryana) files a cheating case against a company in Noida (UP). The Noida company then files a counter-case in their court. Since the courts are under different High Courts (P&H High Court and Allahabad High Court), the High Court where the first case was filed (the P&H High Court) will decide which of the two courts will hear the matter.
Section 207: Power to issue summons or warrant for offence committed beyond local jurisdiction
- Sub-section (1):
- Simple English: This gives a Magistrate power to act against a person in their area who committed a crime outside their area. If a Magistrate believes a person in his jurisdiction committed a crime somewhere else (even outside India), he can issue a summons or warrant to arrest that person.
- After arrest, the Magistrate can:
- Inquire into the offence and send the person (in custody) to the Magistrate who has the correct jurisdiction.
- If the offence is bailable and the person is willing, the Magistrate can take a bail bond from them, ordering them to appear before the correct court on a set date.
- Real-World Example: A Magistrate in Mumbai learns that a man living in his area is wanted for a bailable cheating offence in Chennai. The Mumbai Magistrate issues a warrant, arrests the man, and then releases him on a bail bond, ordering him to appear before the Chennai court in 15 days.
- Sub-section (2):
- Simple English: If there are multiple courts with jurisdiction (e.g., under the rules in Sec 198) and the local Magistrate is confused about which court to send the accused to, he will report the case to the High Court for a decision.
Section 208: Offence committed outside India
- Simple English: This section establishes jurisdiction over crimes committed abroad by Indian citizens or on Indian-registered vessels.
- Clause (a): If an Indian citizen commits a crime anywhere in the world (e.g., on the high seas or in another country).
- Clause (b): If any person (even a foreigner) commits a crime on a ship or aircraft registered in India.
- The Rule: That person can be dealt with in India as if the crime happened in the Indian city where they are found or where the case is registered.
- Real-World Example: An Indian citizen commits an assault in Dubai. He then flies back to India and is found in Kochi. The court in Kochi has the jurisdiction to try him for the assault, just as if it had happened in Kochi.
- Proviso:
- Simple English: This is a critical check. No court in India can start an inquiry or trial for a crime committed abroad unless it gets “previous sanction” (prior official permission) from the Central Government.
- Real-World Example: In the Dubai assault case, the Kochi police cannot file a chargesheet (and the court cannot start the trial) until the Central Government (e.g., the Ministry of Home Affairs or External Affairs) provides a formal “sanction” letter permitting the prosecution.
Section 209: Receipt of evidence relating to offences committed outside India
- Simple English: When a court is trying a case for an offence committed abroad (under Sec 208), the Central Government can direct the court to accept as evidence:
- Depositions (written witness statements under oath)
- Exhibits (evidence)
- …that were produced before a judge or an Indian diplomat (like a High Commission or Embassy official) in that foreign country. This avoids the difficulty of flying witnesses from that country to India.
- Real-World Example: In the trial for the assault in Dubai, a key witness (who is a Dubai resident and not coming to India) gave a formal, sworn statement to an official at the Indian Consulate in Dubai. The Central Government sends this statement to the Kochi court, which can then accept it as valid evidence in the trial.
