JURISDICTION

JURISDICTION CRIMINAL COURTS 

Territorial jurisdiction of court to take cognizance of offences. It deals with s. 177- 188  of CrPc  

Section 177 – Ordinary place of inquiry and trial: – Every offence shall ordinarily be inquired  into and tried by a Court within whose local jurisdiction it was committed.  

Section 178: Place of inquiry or trial: –  

(a)When it is uncertain in which of several local areas an offence was committed, or  (b)where an offence is committed partly in one local area and partly in another, or  (c)where an offence is a continuing one, and continues to be committed in more local areas than one,  

or (d) where it consists of several acts done in different local areas, it may be inquired into or tried  by a Court having jurisdiction over any of such local areas.  

Section 179: Offence triable where act is done or consequence ensues: – When an act is an  offence by reason of anything which has been done and of a consequence which has ensued, the  offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been  done or such consequence has ensued.  

Section 180: Place of trial where act is an offence by reason of relation to other offence:- When  an act is an offence by reason of its relation to any other act which is also an offence or which would  be an offence if the doer were capable of committing an offence, the first-mentioned offence may be  inquired into or tried by a Court within whose local jurisdiction either act was done.  

Section 180: Place of trial where act is an offence by reason of relation to other offence:- When  an act is an offence by reason of its relation to any other act which is also an offence or which would  be an offence if the doer were capable of committing an offence, the first-mentioned offence may be  inquired into or tried by a Court within whose local jurisdiction either act was done.  

Section 181: Place of trial in case of certain offences.  

(1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with  murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried  by a Court within whose local jurisdiction the offence was committed or the accused person is found.  (2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court  within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed  or detained.  

(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within  whose local jurisdiction the offence was committed or the stolen property which is the subject of the 

offence was possessed by any person committing it or by any person who received or retained such  property knowing or having reason to believe it to be stolen property.  

(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into  or tried by a Court within whose local jurisdiction the offence was committed or any part of the  property which is the subject of the offence was received or retained, or was required to be returned  or accounted for, by the accused person.  

(5) Any offence which includes the possession of stolen property may be inquired into or tried by  a Court within whose local jurisdiction the offence was committed or the stolen property was  possessed by any person who received or retained it knowing or having reason to believe it to be stolen  property.  

Section 182: Offences committed by letters, etc.: – 

(1) Any offence which includes cheating may, if the deception is practised by means of letters or  telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction  such letters or messages were sent or were received; and any offence of cheating and dishonestly  inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction  the property was delivered by the person deceived or was received by the accused person.  

(2) Any offence punishable under section 495 or section 494 of the Indian Penal Code (45 of  1860) may be inquired into or tried by a Court within whose local jurisdiction the offence was  committed or the offender last resided with his or her spouse by the first marriage [, or the wife by  first marriage has taken up permanent residence after the commission of offence].  

Section 183: Offence committed on journey or voyage: – When an offence is committed, whilst  the person by or against whom, or the thing in respect of which, the offence is committed is in the  course of performing a journey or voyage, the offence may be inquired into or tried by a Court  through or into whose local jurisdiction that person or thing passed in the course of that journey or  voyage.  

Section 184: Place of trial for offences triable together:- Where  

(a) the offences committed by any person are such that he may be charged with, and tried at one  trial for, each such offence by virtue of the provisions of section 219 , section 220 or section 221 , or  (b) the offence or offences committed by several persons are such that they may be charged with,  and tried together by virtue of the provisions of section 223 , the offences may be inquired into or tried  by any Court competent to inquire into or try any of the offences. 

Section 185: Power to order cases to be tried in different sessions divisions: –  

Notwithstanding anything contained in the preceding provisions of this Chapter, the State  Government may direct that any cases or class of cases committed for trial in any district may be  tried in any sessions division:  

Provided that such direction is not repugnant to any direction previously issued by the High Court or  the Supreme Court under the Constitution, or under this Code or any other law for the time being in  force.  

Section 186: High Court to decide, in case of doubt, district where inquiry or trial shall take  place:- 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.  

Section 187: Power to issue summons or warrant for offence committed beyond local  jurisdiction.  

(1) When a Magistrate of the first class sees reason to believe that any person within his local  jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which  cannot, under the provisions of sections 177 to 185 (both inclusive), or any other law for the time  being in force, be inquired into or tried within such jurisdiction but is under some law for the time 

being in force triable in India, such Magistrate may inquire into the offence as if it had been committed  within such local jurisdiction and compel such person in the manner hereinbefore provided to appear  before him, and send such person to the Magistrate having jurisdiction to inquire into or try such  offence, or, if such offence is not punishable with death or imprisonment for life and such person is  ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond  with or without sureties for his appearance before the Magistrate having such jurisdiction.  

(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting  under this section cannot satisfy himself as to the Magistrate to or before whom such person should  be sent or bound to appear, the case shall be reported for the orders of the High Court. 

Section 188: Offence committed outside India: – When an offence is committed outside  India  

(a)by a citizen of India, whether on the high seas or elsewhere; or  

(b)by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with  in respect of such offence as if it had been committed at any place within India at which he may be  found: Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no  such offence shall be inquired into or tried in India except with the previous sanction of the Central  Government.