JURISDICTION OF CRIMINAL COURT IN INQUIRES AND TRIAL

The accused party of a criminal case may plea to bar trial of criminal offence on the ground of:

(i) no jurisdiction of the Court; or

(ii) lapse of the period of limitation; or

(iii) protection against double jeopardy; or

(iv) res judicata or rule of issue-estoppel.

(A) COURTS BY WHICH OFFENCES ARE TRIABLE

Section 26 of the Code of Criminal Procedure provides that subject to the other provisions of this Code;-

(1) any offence under the Indian Penal Code, 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;

(2) 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.

Sections 177 to 186 deal with the venue or the place of the trial of crimes. As crime is purely local, the
proper and ordinary venue for the trial of a crime is the area of jurisdiction in which the facts occurred and it
is called as territorial jurisdiction. But, this rule is subject to several exceptions which have been dealt in the
subsequent Sections of the Code.

(B) ORDINARY PLACE OF INQUIRY AND TRIAL

Section 177 of the Code of Criminal Procedure provides that every offence shall ordinarily be inquired into
and tried by a Court within whose local jurisdiction it was committed.

Crimes are in their nature local and the jurisdiction of criminal Courts is local. A magistrate within whose
local jurisdiction the offence is committed,is authorized to take cognizance and to try the case or to commit
it to the Court of Sessions. The subsequent transfer of the locality to another district does not oust the
jurisdiction of the Magistrate.

The common law rule also provides that the proper and ordinary venue for the trial of a crime is the area of
jurisdiction in which, on the evidence, the facts occurred and are alleged to constitute the crime.

Crime is purely local, i.e., depends on the law of the place in which it is committed and not on the nationality
of the person who commits it. Therefore, Indian Courts have no jurisdiction to try offences committed and
completed outside its territory.

A Magistrate after taking the cognizance of the offence can decide the territorial jurisdiction and the rule is
that every offence shall be tried by a Court within whose jurisdiction it was committed. However, the word
'ordinarily' indicates that the rule is not invariable in all cases.

(C) SPECIAL PROVISIONS PROVIDING FOR ALTERNATIVE VENUES [EXCEPTIONS TO THE RULE THAT OFFENCE
BE TRIED IN THE TERRITORIAL JURISDICTION]

The following are the exceptions to the general rule of Section 177 of the Code that every offence shall
ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction the offence was
committed and the offence may be inquired into or tried by any Court having jurisdiction over any of the
local areas mentioned therein :-
(i) Where scene of offence is uncertain or offence is continuing or consists of several acts. According to
Section 178 of the Code of Criminal Procedure:-

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.

This section discusses the challenges of a continuing offense when there's a conflict between different areas,
preventing an accused person from getting off entirely due to doubts about the Magistrate's jurisdiction. A
continuing offense is distinguishable from one committed once for all, arising from failure to obey or comply
with rules or requirements, and involving a penalty and liability that continues until compliance.

(ii) Offence triable where act is done or consequence ensues.

According to Section 179 of the Code of Criminal Procedure, 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 any such thing has been done or any such consequence has ensued.

Section 179 of the Code applies to those offences which consist of an act and its consequences. The
consequence means only such consequence as is a necessary ingredient of the alleged offence. For example,
the offence of cheating may be tried either at the place where the cheating was committed (where the
accused resided) or at the place where the loss ensued to the complainant, i.e., where the complainant
resides or his firm is situated. Similarly, if a person is wounded within the local jurisdiction of a particular
Court and dies within the local jurisdiction of another Court, then the offence of culpable committed against
that person may be inquired into and tried by either of any court.

(III) PLACE OF TRIAL WHERE ACT IS AN OFFENCE BY REASON OF RELATION TO OTHER OFFENCE . According
to Section 180 of the Code of Criminal Procedure, when an act is an offence by reason of its relation to any
other actwhich 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.

A charge of abetment may be inquired into or tried either by the Court within the local limits of whose
jurisdiction the abetment was committed or by the Court within whose local limits the offence abetted was
committed in Indian territory.

A charge of receiving or retaining stolen goods may be inquired into or tried either by the Court within
whose local jurisdiction the goods were stolen or by the Court within whose local jurisdiction any of them
were at any time dishonestly received or retained.

(IV) PLACE OF TRIAL OF AN OFFENCE OF BEING A THUG. As per Section 181(1) of the Code of Criminal
Procedure, 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.

(V) OFFENCE OF KIDNAPPING AND ABDUCTION. According to Section 181(2) of the Code of Criminal
Procedure, 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.

(vi) OFFENCE OF THEFT, EXTORTION OR ROBBERY. Section 181(3) of the Code of Criminal Procedure
provides that 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.
According to Section 181(5) of the Code of Criminal Procedure, 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.

(vii) PLACE OF TRIAL IN CASE OF OFFENCE OF CRIMINAL MISAPPROPRIATION OR OF CRIMINAL BREACH OF

TRUST. As per Section 181(4) of the Code of Criminal Procedure, 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. The offence of criminal
breach of trust can be tried in a Court within whose jurisdiction: (i) offence was committed, or (ii) any part of
the property which is subject of the offence was received or retained, or (iii)property was required to be
returned or accounted for by the accused person. The three requirements are disjunctive, the Court at any
of those three places would have jurisdiction to try such an offence.

(VIII) PLACE OF TRIAL IN CASE OF OFFENCES OF CHEATING COMMITTED BY LETTERS, ETC. Section 182(1) of
the Code of Criminal Procedure provides that 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.

(IX) PLACE OF TRIAL IN CASE OF OFFENCES RELATING TO MARRIAGE.-As per Section 182(2) of the Code of
Criminal Procedure, any offence punishable under Section 494 of the Indian Penal Code (i.e., marrying again
during lifetime of husband or wife) or Section 495 of the Indian Penal Code (i.e., concealment of former
marriage from the persons with whom subsequent marriage is contracted) 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 the first marriage has taken up permanent residence after the
commission of the offence.

(x) PLACE OF TRIAL IN CASE OF OFFENCES COMMITTED ON JOURNEY OR VOYAGE. Section 183 of the Code
of Criminal Procedure provides that 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 183 of the Code is applicable only when the journey or voyage is continuous and uninterrupted. Any
short stoppage in the course of a journey does not break the journey. If a theft is committed from a running
train, the offence may be said to have been committed during a journey and it can be inquired into and tried
by any Court having jurisdiction over any part of the country through which the train passed during the
course of its journey, no matter in which jurisdiction the offence was committed. Where the offence is
committed in the course of a railway journey, the accused can be tried at the place of destination, though
the offence was actually committed outside the jurisdiction of the Court.

As Section 183 of the Code applies only to the trial of offences committed in India, the words 'journey or
voyage' do not include a voyage on the high seas or in a foreign territory, but are confined only to a voyage
or journey within the territory of India.

(XI) PLACE OF TRIAL FOR OFFENCES TRIABLE TOGETHER. Section 184 of the Code of Criminal Procedure
provides that 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.

Series of acts amounting to offences can be tried at any place where anyone of such offences have been
committed. Similarly, when two or more persons may be charged with and tried together for different
offences, the prosecution would have a similar choice of venue for the trial.
(XII) POWER TO ORDER CASES TO BE TRIED IN DIFFERENT SESSIONS DIVISIONS. As per Section 185 of the
Code of Criminal Procedure, notwithstanding anything contained in the preceding provisions of this Chapter,
the State Government may direct that any case or class of cases committed for trial in any district may be
tried in any sessions division. However, 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. The Court, however, does not deal with transfer cases from one Court to another.

(xiii) OFFENCES COMMITTED OUTSIDE INDIA. According to Section 188 of the Code of Criminal Procedure,
when an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere, or
by any 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.
However, 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.

Section 189 of the Code of Criminal Procedure provides that when any offence alleged to have been
committed in a territory outside India is being inquired into or tried under the provisions of Section 188 of
the Code, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits
produced before a judicial officer in or for that territory or before a diplomatic or consular representative of
India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in anycase
in which such Court might issue a commission for taking evidence as to the matters to which such
depositions or exhibits relate.

(d) HIGH COURT TO DECIDE, IN CASE OF DOUBT, DISTRICT WHERE INQUIRY OR TRIAL SHALL TAKE PLACE.

As per Section 186 of the Code of Criminal Procedure, 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 to that offence shall be discontinued.

(E) POWER TO ISSUE SUMMONS OR WARRANT FOR OFFENCE COMMITTED BEYOND LOCAL JURISDICTION

Section 187 of the Code of Criminal Procedure allows a Magistrate to investigate an offence committed
outside of a Magistrate's local jurisdiction if it cannot be investigated within the same jurisdiction. If the
offence is not punishable by death or imprisonment for life and the person is willing to give bail, they can
take a bond with or without sureties for their appearance before the Magistrate having jurisdiction. If there
are more Magistrates than one with jurisdiction, and the Magistrate cannot determine the Magistrate to
whom the person should appear, the case will be reported for the orders of the High Court. This allows the
Magistrate to ensure the safety and justice of the accused.