CHAPTER XIII - JURISDICTION OF THE CRIMINAL COURTS IN
INQUIRIES AND TRIALS
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
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
Comments
Section
178 (b) does not envisage a position in which one ingredient of the offence is
committed
at one place and other is committed in another place but it speaks of cases
when an
offence
is committed partly in one area and partly in another area, that the Courts
having
jurisdiction
in both the areas have got territorial jurisdiction to take cognizance of an
offence;
Pradipta Basu Roy Chowdhury v Smt Babita Basu Chowdhury, (1997) 2
Crimes 397 (Cal)
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
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
firstmentioned
offence
may be inquired into or tried by a Court within whose local jurisdiction either
act
was done
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
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
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
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
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
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
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
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
189. Receipt of evidence relating to offences committed outside
India –
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, 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 any case in which
such Court
might
issue a commission for taking evidence as to the matters to which such
depositions or
exhibits
relate
