S.S.

JAIN SUBODH LAW COLLEGE

Jurisdiction of the criminal courts in inquiries and trials

Submission To: Submitted By:

Mr. NAKUL SHARMA ASHISH SHARMA

ASST. PROF. OF LAW Roll no: - 08

VIII Semester

S.S. Jain Subodh Law College

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 CERTIFICATE

To whomsoever it may concern, This is to certify that, the dissertation titled

“Jurisdiction of the criminal courts in inquiries and trials ” submitted by
Ashish Sharma in fulfillment for the award of the degree of B.A.LL.B. at S.S. Jain
Subodh Law College is the project of research carried out under my guidance and
supervision.

Mr. Nakul Sharma

Asst. Prof. of Law
S.S. Jain Subodh Law College

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 ACKNOWLEDGEMENT

I take this opportunity to express our humble gratitude and personal regards to Mr.
Nakul Sharma for inspiring me and guiding me during the course of this project work
and also for her cooperation and guidance from time to time during the course of this
project work on the topic “Jurisdiction of the criminal courts in inquiries and

trials”.

Date:
Place: Jaipur
Ashish Sharma

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 RESEARCH METHODOLOGY

Aims and Objectives:

The aim of the project is to present a detailed study of the topic Jurisdiction of the

criminal courts in inquiries and trials forming a concrete informative capsule of

the same with an insight into its relevance in the Indian market.

Scope and Limitations:

In this project the researcher has tried to include different aspects pertaining to the
concept of Jurisdiction of the criminal courts in inquiries and trials.

Data Collection:
The following secondary sources of data have been used in the project-
 Websites
 Books

Method of Writing and Mode of Citation:

The method of writing followed in the course of this research project is
primarily analytical. The researcher has followed Uniform method of citation
throughout the course of this research project.

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 INTRODUCTION

Section 177 of Cr.P.C postulates that ordinarily offence shall be inquired into
and tried by a court within whose local jurisdiction it was committed. Section
178, inter alia, deals with situations when it is uncertain in which of several
local areas, an offence is committed or partly committed in one area and partly
in another. The section provides that the offence can be inquired into or tried
by a court having jurisdiction over any of the local areas mentioned therein.
Under Section 179, offence is tribal where act is done or consequences
thereof ensued. Section 180 deals with the place of trial where act is an
offence by reason of its relation to other offence. It provides that the first
mentioned offence may be inquired into or tried by a court within whose local
jurisdiction either act was done. In all these sections, for jurisdiction the
emphasis is on the place where the offence has been committed. There is,
however, a departure under Section 181(1) where additionally place of trial
can also be the place where the accused is found, besides the court within
whose jurisdiction the offence was committed. But the said section deals with
offences committed by those who are likely to be on move which is evident
from nature of offences mentioned in the section. Section 181(1) is in respect
of the offences where the offenders are not normally located at a fixed place
and that explain the departure. Section 183 deals with offences committed
during journey or voyage. Section 186 deals with situation where two or more
courts take cognizance of the same offence and in case of doubt as to which
one of the courts has jurisdiction to proceed further, the High Court decides
the matter. Section 187 deals with a situation where a person within local
jurisdiction of a Magistrate has committed an offence outside such jurisdiction.
The Magistrate can compel such a person to appear before him and then
send him to the Magistrate which has jurisdiction to inquire into or try such
offence.

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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.
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 first-mentioned 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 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 1[, or the wife by the first marriage has taken up permanent
residence after the commission of the offence].
183. Offence committed on journey or voyage.—When an offence is committed whilst the person by or

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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

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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.

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 BIBLIOGRAPHY

Books referred:
 Dr. G.K. Kapoor,land law, Taxmann Publications, New Dehi
 Dr. N.V. Paranjape,LAND LAW, Central law Agency, Allahabad.

Websites Referred:
 http://www.ajms.co.in/sites/ajms/index.php/ajms/article/view/384.
 http://www.legalserviceindia.com/Land law.html

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