JURISDICTION IN CRIMINAL COURTS

-Deepali Mahawar

INTRODUCTION-

Whenever an offence is committed, the first question which arises is that in whose jurisdiction
the offence would fall. The jurisdictional issue is the most important issue which needs to be
resolved so that the proceedings can begin without any hindrance. Section 177 -189 deals with
the concept of jurisdiction. Under normal circumstances, the case shall be inquired and tried by a
court under whose jurisdiction the offence has been committed.

However, there are certain cases where more than one Court has the power to inquire and try the
cases. Such issues have been explicitly dealt with by the provisions of the Code of Criminal
Procedure. The Code also mentions the circumstances when the offence is committed by an
Indian citizen in a foreign country or by a foreign travelling in an aircraft or ship registered in
India. The courts need to consider all the factors governing the jurisdiction and begin with the
proceedings after referring to the Code of Criminal Procedure.

JURISDICTION: MEANING & DEFINITION-

Jurisdiction can be defined as the limit of a judicial authority or the extent to which a court of
law can exercise its authority over suits, cases, appeals etc. The rationale behind introducing the
concept of jurisdiction in law is that a court should be able to try and adjudicate only in those
matters with which it has some connection or which fall within the geographical or political or
pecuniary limits of its authority.

Jurisdiction means the extent of the power of the court to entertain and also try suits, appeals and
applications. In its technical sense, it means the extent of the authority of a court to administer
Justice not only with reference to the subject-matter of the suit but also to the local and pecuniary
limits of its jurisdiction.
TYPES OF TRIALS-

The trial commences when the inquiry stage comes to an end. It is the most important and the
third part of a judicial proceeding. It is the process by which the guilt or innocence of an
allegation on a person is ascertained.

According to Section 190 of the Criminal Procedure Code, some points need to be kept in
mind before the initiation of the proceedings. The trial is a part of the proceedings in which the
examination of witnesses is done. Moreover, the cause is also determined by the judicial tribunal,
and it is concluded by either the conviction or the acquittal of the accused person.

The trials have been divided into four categories which have different approaches and
procedures.

1. Session trial
2. Warrant trial
3. Summons trial
4. Summary trial

JURISDICTION OF CRIMINAL COURTS-

(i) Section 177– According to this section, the Court under whose jurisdiction the offence
has been committed only has the authority to inquire into and try such case.
(ii) Section 178 – deals with the situations where the offence has been committed in more than
one place,
(a) When the place of commission of the offence is uncertain because it has been
committed in several places.
(b) Where an offence is partly committed in one local area and the rest in another
area.
(c) When the offence comprises of several acts, committed in different local areas.

If any of the above conditions are fulfilled, then such offence may be inquired into or tried by a
Court having jurisdiction over any of such local area.
(iii) Section 181 specifies conditions in case of certain offences. According to Section 181(1),
the trial can also be commenced where the accused is found, besides the place where the
offence was committed. Section 181(1) talks about the offences, when not committed in a
single place. It deals with the following cases.
(a) Thug or murder committed while performing the act of thug, dacoity, or dacoity
with murder etc- where the offence is committed or where the accused is found.
(b) Kidnapping or abduction of a person- the place from where the person was
kidnapped/ abducted or where the person was concealed or conveyed or
detained.
(c) Theft, extortion or robbery – the Court where the offence has been committed or
where the stolen property is possessed, received or delivered, has the jurisdiction
to try such a case.
(d) Criminal misappropriation or criminal breach of trust- where the offence has been
committed or where any part of the property which is the subject matter of the
offence has been received or retained required to be returned or accounted for, by
the accused.

But the above section deals with offences when the offender is travelling, as evident from the
nature of the offences as specified under this section.

(iv) Section 185 deals with the power of the State Government, according to which the
government can direct that any cases or class of cases which have been committed for trial in any
district, may be tried in a Sessions Court. It has to ensure that such direction is not inconsistent
with any of the directions which have been already issued by any other Superior Court, as per the
Constitution, or as mentioned under the Code of Criminal Procedure or under any other law for
the time being in force.
(v) Section 186 addresses the situation wherein the cognizance of a particular offence has
been taken by two or more courts and confusion arises as to which of the Courts shall inquire
into or try that offence, in such a case, only the High Courts have the authority to resolve the
confusion. The criteria for resolving such issues are as follows.
(a) If the same High Court supervises the courts involved, then by that High Court
 (b) If the same High Court does not supervise the courts involved then, by the High
Court this first commenced the proceedings as an appellate criminal
court. Thereafter, all the other proceedings in respect of that offence shall be
discontinued.
(vi) Section 187 states the power of a Magistrate to issue summons or warrant for offences
which have been committed beyond his local jurisdiction. In such a situation the
Magistrate has the authority to order such a person to be produced before him and then
send him to the Magistrate of competent jurisdiction.

CASE LAWS-

(i) Reg v. Benito Lopez, 1858 Cr LC 431 the issue related to the jurisdiction of English
Courts for the offences committed on the high seas by foreigners who are travelling in
England borne ships was questioned. It was held that the country which tried the
accused did not go beyond its jurisdiction. The decision highlighted the important
principle of International Law that a person is liable to be punished of all such
offences, which he has committed irrespective of the place where it is committed.
(ii) Om Hemrajani v. State of U.P. & Anr., A.I.R. 2005 S.C. 392 It was held that the
word ‘found’ is used in its most extensive sense, and was intended to include all cases
by giving jurisdiction to try at any place where the prisoner might happen to be at the
time of trial. The object of the provision was to get rid of all questions about local
jurisdiction. Lord Campbell, Chief Justice, in his opinion, dealing with the contention
that if the prisoner was brought within the jurisdiction of the court against his will, he
cannot be said to have been found there within the meaning of the Act, held that a
man is ‘found’, within the meaning of that Act in any place where he is actually
present.

CASE STUDY-

The crime has been committed by ‘A’ at the border of the two districts. So, A will be tried
under Section 178 where the court will inquire that which Court have jurisdiction over any of
such local areas. Also, it depends upon the place where FIR have been registered,
CONCLUSION-

‘An examination of the cases in the books discloses numerous attempts to define the term
‘jurisdiction’, which has been stated to be ‘the power to hear and determine issues of law and
fact;’ ‘the authority by which three judicial officers take cognizance of and decide cause;’
‘the authority to hear and decide a legal controversy;’ ‘the power to hear and determine the
subject-matter in controversy between parties to a suit and to adjudicate or exercise any
judicial power over them; ‘the power to hear, determine and pronounce judgment on the
issues before the Court’ the power or authority which is conferred upon a Court by the
Legislature to hear and determine causes between parties and to carry the judgments into
effect;’ ‘the power to enquire into the facts, to apply the law, to pronounce the judgment and
to carry it into execution.’

REFERENCES-

(i) https://blog.ipleaders.in/jurisdiction-criminal-courts-india/
(ii) https://devgan.in/crpc/chapter_13.php
(iii) https://blog.ipleaders.in/what-is-jurisdiction/
(iv) http://kanoon.nearlaw.com/2017/12/29/different-types-jurisdiction-court-india/