Jurisdiction of Criminal Courts

Introduction

Sections 177 to 189 contained in Chapter XIII of the Criminal Procedure Code, 1973 (CrPC) deals with the jurisdiction of Criminal Courts in inquiries and trials.

Application of Chapter XIII of CrPC

• It is applicable to inquiries and trials.
• It does not apply to proceedings conducted under Chapter VIII, Chapter IX and Chapter X of CrPC.

Jurisprudential Essence

• With regard to the size and distance from one place to the other in the country it would be expedient and desirable that the inquiry and trial should ordinarily take place in the vicinity of the crime.
• The place of inquiry and trial of an offence is primarily to be determined by the assertion contained in the complaint or the police report (chargesheet) as to where and how the offence was committed.
• In the absence of any proof to the contrary, it is presumed that the Court has jurisdiction on the basis of the facts made out by the assertion.
• If the question of jurisdiction is raised, the trial can be commenced only after deciding that question.

Section 177 of CrPC

• This Section states that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
• The expression “local jurisdiction” found in this Section is defined in Section 2(j) of CrPC which means in relation to a Court or Magistrate, the local area within which the Court or Magistrate may exercise all or any of its or his powers under the Code.
• In the case of Emperor v. Ganga (1912), it was held that the jurisdiction of the Court to try an offence for which cognizance under Section 177 of CrPC has been taken and the jurisdiction of the Court shall remain unaffected by any subsequent change in the territorial jurisdiction of the Court.

Section 178 of CrPC

• This Section deals with the place of inquiry and trial.
• This Section states that in the following cases the offence may be inquired into or tried by a Court having jurisdiction over any of such local areas:
  • When it is uncertain in which of several local areas an offence was committed.
  • Where an offence is committed partly in one local area and partly in another.
  • Where an offence is a continuing one and continues to be committed in more local areas than one.
  • 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 of CrPC

• This Section deals with the offence triable where act is done, or consequence ensues.
• It states that 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 of CrPC

• This Section deals with the place of trial where act is an offence by reason of relation to other offence.
• It states that 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 of CrPC

• This Section deals with the place of trial in case of certain offences. It states that

(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 of CrPC

• This Section deals with the offences committed by letters, etc. It states that -

(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 494 or section 495 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 the first marriage has taken up permanent residence after the commission of the offence.

Section 183 of CrPC

• This Section deals with the offence committed on a journey or voyage.
• It states 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.
• The words “journey or voyage” do not include a voyage on the high seas or in a foreign country.

Section 184 of CrPC

• This Section deals with the place of trial for offences triable together.
• It states that in the following cases the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.
  • 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.
  • 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.

Section 185 of CrPC

• This Section deals with the power to order cases to be tried in different sessions divisions.
• It states that 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 of CrPC

• This Section deals with the power of the High Court to decide, in case of doubt, the district where inquiry or trial shall take place.
• It states that 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 of CrPC

• This Section deals with the Magistrate's power to inquire into an offence committed outside his local jurisdiction.
• The Magistrates of the First Class has the power to initiate action against any person within their jurisdiction who is reasonably suspected of have committed an offence triable by a court outside that jurisdiction.
• Once such reasonable suspicion is formed against a person, the Magistrate can:
  • Inquire into the offence as if it has been committed within his local jurisdiction.
  • Compel the attendance of such person to appear before him.
  • Send the suspected person to the Magistrate having jurisdiction to try such offence.
  • Report the case of the concerned High Court, if there are more than one Magistrate having jurisdiction to try the offence.
• The Magistrate has power to grant bail in respect of offences not punishable with death or life imprisonment.
• The power given to the Magistrate under this Section is available both in respect of cognizable as well as non-cognizable offences.

Section 188 of CrPC

• This Section deals with the offences committed outside India.
• This section provides for extra-territorial jurisdiction over Indian citizens and also over non-citizens.
• It states that 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.
• In the case of Sartaj Khan v. State of Uttarakhand (2022) it was held that if an offence is partly committed in India and partly committed outside India, the matter would not come within the scope of Section 188 of the code.

Section 189 of CrPC

• This Section deals with the receipt of evidence relating to offences committed outside India.
• It states that when any offence alleged to have been committed in a territory outside India and received the sanction of the Central Government under the Section 188, the Central government may direct that the copies of the following document shall be received in evidence by the trial court:
  • Copies of the deposition made.
  • Exhibits procedure before-
    • A judicial officer.
    • A consular or diplomatic representative for that territory.