Jurisdiction of Criminal Courts in Inquiries and Trials

The concept of jurisdiction is foundational to the criminal justice system, defining the authority of courts to adjudicate cases. Under the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, jurisdictional principles have been reaffirmed and expanded, ensuring that criminal inquiries and trials are conducted within the appropriate territorial and legal bounds.

The BNSS has introduced modernized provisions that streamline the determination of which court has the authority to try specific offences, accounting for factors such as the place of occurrence, the nature of the offence, and the geographical spread of criminal activities. Jurisdiction, particularly territorial jurisdiction, is crucial in criminal matters because it balances the interests of justice with fairness to both the accused and the victim.

The BNSS, 2023, recognizes the complexity of crimes that often transcend geographical boundaries, especially in an era of rapid technological advances and increased mobility. Consequently, the law addresses scenarios where offences take place across multiple jurisdictions or where their effects are felt in different locations. This article delves into the principles governing the jurisdiction of criminal courts as codified in the BNSS, 2023, while highlighting the relevant legal precedents and practical considerations for courts when deciding jurisdictional matters during criminal inquiries and trials.

 Where should an offence normally be inquired into or tried?

An offence should ordinarily be inquired into and tried by a court within whose local jurisdiction the offence was committed.

 What happens if it is unclear in which local area an offence was committed?

If it is uncertain where an offence was committed, or if it was committed in multiple areas, the offence can be inquired into or tried by a court in any of the local areas involved.

 Can a court inquire into or try an offence if it was partly committed in multiple local areas?

Yes, if an offence was committed partly in one local area and partly in another, it may be tried by a court that has jurisdiction over any of those areas.

 What happens if an offence continues to occur in multiple local areas?

If an offence is continuing and happens in more than one area, it can be inquired into or tried by a court with jurisdiction over any of those areas.

 Where can an offence be tried if it involves multiple acts done in different areas?

If the offence consists of several acts done in different local areas, it can be tried by a court in any of those areas.

 Where can an offence be tried if an act and its consequence occur in different areas?

An offence can be tried by a court where either the act was done or where the consequence occurred.

 What if an offence is related to another offence? Where will it be tried?

If an offence is connected to another act which is also an offence, it can be tried by a court where either of the acts occurred.

 Where should certain offences like dacoity or kidnapping be tried?

Dacoity or gang-related crimes can be tried where the offence was committed or where the accused is found. Kidnapping or abduction cases can be tried where the person was kidnapped, detained, or hidden.

 How is the trial location decided for offences like theft or robbery?

These offences can be tried where the crime happened or where the stolen property is found or retained by someone involved.

What about offences involving possession of stolen property?

These can be tried either where the offence was committed or where the stolen property was possessed by someone who knew it was stolen.

 Where will cases involving electronic communication (like cheating) be tried?

If the offence involves electronic communication or messages, it can be tried in the court where the messages were sent or received.

 Where will a case be tried if an offence is committed while travelling?

If the offence happens during a journey or voyage, it can be tried by any court through which the person or thing involved passed.

 Can multiple offences be tried together? If so, where?

Yes, multiple offences committed by the same person or group can be tried together in a court that has jurisdiction over any one of the offences.

 Can the State Government change the location of a trial?

Yes, the State Government can direct that a case be tried in a different sessions division, but this should not conflict with directions from the High Court or Supreme Court.

 What happens if two or more courts take up the same case?

If there’s doubt about which court should handle the case, the High Court will decide if both courts are subordinate to it. If not, the High Court where the proceedings first started will decide.

 Can a magistrate inquire into an offence committed outside their jurisdiction?

Yes, if the offence cannot be tried locally, a magistrate may inquire into it and send the accused to the appropriate court, provided the offence is punishable under Indian law.

 What if an offence is committed outside India?

If an Indian citizen or someone on an Indian-registered ship or aircraft commits an offence outside India, they can be tried in India, with prior sanction from the Central Government.

 Can evidence from outside India be used in Indian courts?

Yes, with the Central Government’s approval, copies of depositions or exhibits from a foreign judicial officer or Indian diplomat can be accepted as evidence during an inquiry or trial.

 What principles should be considered when determining the jurisdiction of criminal courts, particularly territorial jurisdiction, for inquiries and trials?

The jurisdiction of criminal courts, especially territorial jurisdiction, is determined by several factors, such as where the crime was committed, where any part of the offence occurred, and where its effects were felt. These principles were explained in detail in Kaushik Chatterjee v. State of Haryana, (2020) 10 SCC 92.

 Can a court have jurisdiction over a cheque dishonour case based on where the cheque was presented?

Yes, courts within whose jurisdiction the cheque was presented and dishonoured also have jurisdiction to try the offence under Section 138 of the Negotiable Instruments (NI) Act, as held in Escorts Ltd. v. Rama Mukherjee, (2014) 2 SCC 255.

 Where should the inquiry or trial of a crime ordinarily take place?

Ordinarily, the inquiry or trial of a crime should take place in a court within whose local jurisdiction the crime was allegedly committed or where the cause of action arose. The meaning of “cause of action” was elaborated in Swaati Nirkhi v. State (NCT of Delhi), (2021) 11 SCC 163.

Therefore, the Bharatiya Nagarik Suraksha Sanhita, 2023, marks a significant step in aligning India’s criminal procedural laws with contemporary realities, particularly concerning jurisdiction. By providing clear and flexible rules for determining the appropriate court to try offences, the BNSS addresses both traditional criminal activities and those involving modern complexities like cross-border offences, digital crimes, and multi-location criminal acts. Territorial jurisdiction remains a cornerstone in the framework of criminal justice, ensuring that courts exercise authority where the offence occurred or its consequences were felt. Moreover, the emphasis on fairness, efficiency, and justice underscores the importance of jurisdictional clarity in safeguarding the rights of the accused and victims alike. As courts continue to interpret and apply these provisions, the principles laid out under the BNSS, 2023, will play a critical role in streamlining criminal proceedings and upholding the rule of law in an increasingly interconnected world. The codification of these jurisdictional norms will not only assist legal practitioners but also contribute to more effective administration of justice across the country.

 Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash.