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Jurisdiction of Criminal Courts

#sachinkumarpingle #feelthelife #jurisdiction #criminalcourts Jurisdiction of Criminal Courts The relevant provisions are contained in S.-177 to 179 of Cr.P.C. We can discuss them under the following heads… 1) Trial where offence committed: S.-177 of Cr.P.C. Says that, ordinarily, every offence is to be inquired into and tried by a Court, within whose local jurisdiction the offence was committed. Despite, the provisions of S.-177, if any offence is inquired into or tried by a Magistrate, who has no territorial jurisdiction over the place of offence, this would, at most be an irregularity, which can be cured by S.-462 of Cr.P.C. if such trial has not occasioned any failure of justice. 2) Exception to above rule: a) Can be tried by any court in certain cases- S.-178 of Cr.P.C. then provide that, if however.. i) it is uncertain in which of several local areas, the offence was committed, or ii) the offence was committed partly in one local area and partly in another, or iii) the offence is continuing one and continuous to be committed in more than one local area, or iv) it consist of several acts done in different local areas in all such cases referred to above, it may be inquired into or tried by a court having jurisdiction over any of such local areas. b) If offence ensues consequences- S.-179 of Cr.P.C. lays down that, if an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence can be tried by any court, having the jurisdiction, where such thing was done or where the consequence ensued. c) An act having relation- S.-180 of Cr.P.C. provides that, if any act is an offence by reason of its relation to any other act, which is also an offence, the first mentioned offence, may also be inquired into or tried by a court, within whose local jurisdiction either of the act was done. d) Place of trial in case of certain offences- i) Any offence of thug, or murder committed by thug, or dacoit, or dacoity with murder, or belonging to gang or dacoits, or escaping from custody, may be inquired into, or tried by a court, within whose local jurisdiction on the offence was committed, or the accused person is found. ii) 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. iii) 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 matter of the offence was possessed by any person committing it, or by any person who knowingly received or retained it. iv) 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. v) 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 knowingly received or retained it. vi) Also see: S.-182 Offences committed by letters etc. and S.-183 Offences committed on journey or voyage.