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CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

 

197. Ordinary Place of Inquiry and Trial

  • Default Jurisdiction:

    • Offense is inquired into and tried by a court within whose local jurisdiction it was committed.

198. Place of Inquiry or Trial

  • Uncertain Location:

    • If it's unclear where the offense occurred.

  • Partly in Multiple Areas:

    • If the offense happened in more than one area.

  • Continuing Offense:

    • If the offense continues across areas.

  • Multiple Acts in Different Areas:

    • Offense can be tried in any jurisdiction where acts occurred.

199. Offense Triable Where Act Done or Consequence Ensues

  • Act & Consequence:

    • Trial in the area where the act occurred or where the consequence took place.

200. Place of Trial Where Act Relates to Another Offense

  • Related Offenses:

    • If connected to another offense, trial can be in any jurisdiction where either act occurred.

201. Place of Trial for Certain Offenses

  • Dacoity & Related Crimes:

    • Trial in jurisdiction where offense occurred or where the accused is found.

  • Kidnapping/Abduction:

    • Trial in area where the person was kidnapped or detained.

  • Theft, Extortion, Robbery:

    • Trial in area where crime occurred or where stolen property was possessed.

  • Criminal Misappropriation/Trust Breach:

    • Trial where crime occurred or where property was retained/accounted for.

  • Possession of Stolen Property:

    • Trial where offense occurred or where stolen property was possessed.

202. Offenses via Electronic Communications

  • Cheating & Related Crimes:

    • Trial where messages were sent/received or where the property was delivered/received.

  • Offense under Section 82:

    • Trial where offense occurred or where the offender’s spouse resided post-offense.

203. Offense Committed on Journey or Voyage

  • Journey/ Voyage Offenses:

    • Trial in any jurisdiction the person or thing passed through during the journey.

204. Place of Trial for Offenses Triable Together

  • Multiple Offenses:

    • Trial in any court competent to handle any of the offenses.

205. Power to Order Trials in Different Sessions Divisions

  • State Government Power:

    • Directs trials to be held in any sessions division, subject to High Court/Supreme Court directions.

206. High Court’s Role in Jurisdiction Doubts

  • Same High Court:

    • High Court decides which court should handle the case.

  • Different High Courts:

    • High Court with appellate jurisdiction decides, and other proceedings are discontinued.

207. Power to Issue Summons for Offense Beyond Jurisdiction

  • Offense Beyond Jurisdiction:

    • Magistrate can summon and transfer case if triable in India, with bail conditions if applicable.

  • Multiple Magistrates:

    • Case referred to the High Court if jurisdiction is unclear.

208. Offense Committed Outside India

  • By Indian Citizens or Registered Ships/Aircraft:

    • Trial as if committed in India, with prior Central Government sanction.

209. Receipt of Evidence for Offenses Outside India

  • Evidence from Abroad:

    • Central Government may allow foreign depositions or exhibits as evidence in Indian courts.

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