JURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRAILS

JURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRAILS: Section 177 -189

Ordinarily place of inquiry and trail(section 177) � � According to this section ordinarily every offence is to be inquired into and tried by a court within whose local jurisdiction the offence was committed. Purushottam das v/s state of W. B

Place of inquiry or trail (section 178) � � � Section 178 intends to solve the difficulty which would arise when there is a conflict b/w areas claiming jurisdiction. The section provides for 4 contingencies: A)when it is uncertain in which of the several local areas an offence is committed. B) where an offence is committed partly in one local area and partly in another. C) where an offence is a continuing one and continues to be committed in more local areas than one D) where an offence consists of several acts done in different local areas.

� � � In any of the above cases the offence may be inquired into or tried by a court having jurisdiction over any of such local areas. State of M. P v/s K. P. Ghiara Abdul kader v/s state

Offence triable where act is done section 179 � � A person accused of the commission of an offence is triable by a court within the local limits of whose jurisdiction the act amounting to the offence has been done. Example: a is wounded within the local limits of the jurisdiction of court X and dies within the local limits of the jurisdiction of the court Z the offence of the culpable homicide of a may be inquired into or tried either by x or z.

Place of trial where act is offence by reason of relation to other offence sec. 180 � According to this section if an act is an offence by reason of its relation to any other act which is also be an offence. the first mentioned offence may also be inquired into or tried by a court within whose local jurisdiction either act was done.

Place of trail in certain cases section 181 -184 q q the offence of being a thug, murder by a thug , decoity with murder being a member of gang of decoits or escaping from custody, may be tried by the court within whose local jurisdiction the offence was committed or accused found The offence of kidnapping or abduction may be tried by the court within whose jurisdiction the person was kidnapped/abducted.

� � � The offence of theft, extortion or robbery may be tried by the court within whose jurisdiction the offence was committed or where the stolen property was possessed, received or retained The offence of criminal misappropriation or criminal breach of trust can br tried by the court within whose jurisdiction the offence was committed Any offence which includes possession of stolen property can be tried by the court within whose jurisdiction the offence was committedor retained by person such property with the knowledge that such property is stolen property.

� � Any offence which includes cheating may if the deception is practised by means of letter or telecommunication message be tried by the court having jurisdiction where such letter were sent or received can be tried by court within whose jurisdiction the property was deliveredby the person deceived or received by the accused. The offence of bigamy can be tried by the court within whose jurisdiction the offence was committed or the offender last resided with his spouse by the 1 st marriage or 1 st wife has taken up permanent residence after the commission of the offence.

� � In an offence is committed by any person whilst in the course of performing a journey the offence can be tried by any court through or in whose local jurisdiction such person passed in the course of that journey. Where a person commits several offences for which he may be charged with and tried at one trailor where several persons commits offence for which they may be charged with and tried together at one trail then the court which is competent to inquire into or try any of the offence can have jurisdiction.

Other provisions section 185 -187 � � � State’s power to order cases to be tried in different sessions divisions. HC to decide in case of doubt district where inquiry/trail shall take place Power to issue summons/ warrant for offence committed beyond local jurisdiction.

Offences committed outside india section 188 -189 � � Section 188 lays that if an offence is committed outside india: By a citizen of India whether on the high seas or elsewhere By a person who is not a citizen of India on any ship or aircraft registered in india Such a person 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. The previous sanction of the central govt. is however required for the inquiry and trail of such offences.

� Section 189 provides for the special rule of evidence and enable a court dealing with a case under sec 188 to receive copies of depositions before a judicial officer in the concerned foreign country as evidence in such a case.