Jurisdiction of Criminal Courts

court-jurisdiction

EX. OF S.178:- A injures B in Jodhpur and due to which B dies in Pali. A can be tried whether in Jodhpur or Pali in the court of competent court jurisdiction.

SECTION 177:- ORDINARY PLACE OF TRIAL AND INQUIRY.

Every offence shall be ordinarily inquired and tried by a court within whose court jurisdiction it was committed.

SECTION 178:- PLACE OF INQUIRY OR TRIAL.

  1. When it is uncertain in which of several local areas an offence is committed, or
  2. Where an offence is committed partly in one local area and partly in another, or
  3. Where an offence is continued once and continues to be committed in more local areas than one, or
  4. Where it consists of several acts done in different local areas.
  5. 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.

OF S.180:- Abetment to commit the crime was done in Bhopal and such crime was committed in Indore then such abetment or crime can be inquired or tried at any local place whether at Bhopal or Indore.

  1. When an act is an offence by reason of anything which has been done and of a consequence which has ensued.
  2. The offence inquired into or tried by a court within whose local jurisdiction:
    • The thing has been done.
    • The consequence has ensued.

SECTION 180:- PLACE OF TRIAL WHERE ACT IS 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, first mentioned offence may be inquired into or tried by Court within whose local jurisdiction either act was done.

SECTION 181:- PLACE OF TRIAL IN CASE OF CERTAIN OFFENCES.

  1. The offence of being a thug, or
  2. The offence of dacoit, or
  3. The offence of belonging to a gang of dacoits, or
  4. Offence of escaping from custody. These offences may be inquired into or tried by a court within whose local jurisdiction offence was committed or accused person is found.
  1. In offence of, kidnapping or abducting-> Court within whose local jurisdiction person was kidnapped or abducted or was conveyed or concealed or detained.
  2. In offence of theft, extortion or robbery-> Court within whose local jurisdiction offence was committed or the stolen property was possessed by any person committing it or by any person who received or retained such property.
  3. In offence of criminal misappropriation or criminal breach of trust-,> Court within whose local jurisdiction offence was committed or any part of the property which is the subject of the offence was received or retained or was require to be returned or accounted for by the accused person.
  4. An offence which includes possession of stolen property-> Court within whose local jurisdiction offence was committed or stolen property was possessed by any person or where such property is retained.

SECTION 182:- OFFENCE COMMITTED BY LETTERS, ETC.

  1. An offence which includes cheating, if deception is practised by means of letters or telecommunication messages-> Inquiry or trial by any court within whose local jurisdiction such letters or messages were sent or were received.
  2. The offence of cheating & dishonestly including the delivery of property. Inquiry or trial by the court within whose local jurisdiction property was delivered by a deceived person or was received by the accused person.
  3. Offence U/S. 494 or 495 IPC may inquire or tried by a court within whose local jurisdiction offence was committed, or offender last resided with his or her spouse by the first marriage or wife by the first marriage has taken uppumaned residence after the commission of the offence. 

SECTION 183:- OFFENCE COMMITTED ON JOURNEY OR VOYAGE.

When an offence is committed against person or thing in the course of performing journey or voyage-> Such offence may be inquired or tried by the court through or into whose local jurisdiction that person or thing passed in course of that journey or voyage.

SECTION 184:- PLACE OF TRIAL FOR OFFENCES TRIABLE TOGETHER.

  1. An offence which can be tried together U/S. 219 (Three offences of the same kind within the year), 220 (Forming part of the same transaction) & 221 IPC (Doubtful that what offence committed).
  2. An offence committed by several persons is such that they may be changed with and tried together by virtue of provisions of S. 223. These offences may be inquired into or tried by any competent court.

SECTION 185:- POWER TO ORDER CASES TO BE TRIED IN DIFFERENT SESSION DIVISIONS:

Committed for trial in any district, for any cases or class of cases St. Govt. may direct to be tried in session division. Provided, if any direction was already issued by HC or SC under the constitution or under this code regarding such trial, then the order of state government will not be compiled.

BASIS: Public Interest or Interest of Justice.

SECTION 186:- HC to decide in case of doubt district where inquiry or trial shall take place.

Where 2 or more Courts have taken cognizance of the same offence then question regarding inquiry or trial shall be decided.

  1. If courts are subordinate to the same HC, by that HC.
  2. If courts are subordinate to different HC, then by the HC within local units of whose appellate criminal jurisdiction proceedings were first commenced. Here proceedings mean. FIR or complaint HC will decide district.

SECTION 187:- POWER TO ISSUE SUMMONS OR WARRANT FOR OFFENCE COMMITTED BEYOND LOCAL JURISDICTION.

  1. Magistrate 1st class has reason to believe that when any person within his local jurisdiction has committed an offence, outside such jurisdiction (whether within or outside India) and that offence cannot be inquired or tried U/S. 177 to 185 (both inclusive) then such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person to appear before him and send such person to Magistrate having Jurisdiction to inquire into or by the offence.

SECTION 188:- OFFENCE COMMITTED OUTSIDE INDIA.

When an offence is committed outside India-

  1. By a citizen of India whether on high seas or elsewhere.
  2. By non-citizen on any ship or aircraft registered in India.
  3. He may be inquired or tried by the competent court in whose jurisdiction such person was found within India.
  4. Such offence shall be inquired or tried in India only with the previous sanction of Central Govt.

SECTION 189:- RECEIPT OF EVIDENCE RELATING TO OFFENCES COMMITTED OUTSIDE INDIA.

  1. When the offence is committed outside India & inquired under provisions of S.188, C.9 may direct copies of depositions made or exhibits produced before a judicial officer or before a diplomatic or consular representative of India shall be received as evidence by Court holding such inquiry or trial.
  2. The court might issue the commission of taking evidence.

Also Read: Information to the Police and their powers

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