ASSIGNMENT FOR GCT-I

FACULTY OF LAW, ALIGARH MUSLIM UNIVERSITY

TOPIC- JURISDICTION OF CRIMINAL

COURTS [SEC 177-189]

SUBMITTED BY - ABHAY PACHAURY

16 BALLB-11

B.A.LL.B [VIII SEM]

SUBMITTED TO - PROF. ZAKIUDDIN

KHAIROOWALA
 JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

INTRODUCTION

When an offence has been committed at a particular place, usually the court in whose jurisdiction
the crime has been committed has the jurisdiction to inquire into and try that case, but doubt
arises when the offence has been committed in a foreign country. It is a well-settled principle of
International Law that whenever a person is guilty of any offence, committed by him in a foreign
state, the offence would be punishable according to the laws of that state, where the crime has
been committed.

Meaning of Inquiry and Trial

Inquiry

According to Section 2(g) of the Code of Criminal procedure(hereinafter referred to as CrPc),

“inquiry” is defined as “every inquiry, which does not come under the definition of trial, which is
looked into by either the court of a Magistrate, or by any other Court so authorized under the
Code Of Criminal Procedure. This means and includes all those proceedings before framing of
charges”.

It can be conducted either by a Magistrate or before a Court. These proceedings do not result in
conviction or acquittal. It can only result in discharge or commitment of trial. It refers to
everything done before the trial begins. Trial begins where inquiry ends. The object of inquiry is
to identify whether the allegations are sustainable or not.

Trial

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 CrPC, 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
ORIGINAL PLACE OF INQUIRY AND TRIAL

Section 177 – This provision of the Code provides that the Court under whose jurisdiction, i.e.
within whose territorial limits the offence has been submitted just has the power to ask into and
attempt such case.

Section 178 deals with the situations where the offence has been committed in more than one
place,

 When the place of commission of the offence is uncertain because it has been committed
in several places.

 Where an offence is partly committed in one local area and the rest in another area.

 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.

Section 179, emphasises that fact that when an act is an offence because of anything which has
been done and as a consequence which has ensued, the said offence may be inquired into or tried
by a court of competent jurisdiction.  

Section 180 deals with the place of trial when the act committed is an offence because it is
related to some other offence. According to it the offence which has been committed first has to
be inquired into or tried, when two acts are done in connection with each other and both are
offences, by the court under whose jurisdiction either of the act has been committed. In all such
provisions, the emphasis is always on the place where the offence has been committed, to find
the jurisdiction.

THE JURISDICTION IN SPECIFIC OFFENSES

In any case, section 181 indicates conditions in the event of specific offences. As indicated by
section 181(1), the trial can likewise be started where the charged is found, other than where the
offence was committed. Section 181(1) discusses the offences, when not submitted in a solitary
spot. It manages the accompanying cases:
  Thug or murder submitted while playing out the demonstration of hooligan, dacoity, or
dacoity with murder and so forth where the offence is committed or where the denounced
is found.

 Kidnapping or abduction of an individual the spot from where the individual was
grabbed/kidnapped or where the individual was hidden or passed on or kept.

 Robbery, extortion or theft – the Court where the offence has been submitted or where
the taken property is controlled, gotten or conveyed, has the jurisdiction to attempt such a
case.
 Criminal misappropriation or criminal breach of trust – where the offence has been
carried out or where any piece of the property which is the topic of the offence has been
gotten or held, required to be returned or represented, by the offender

JURISDICTION WHEN OFFENSE COMMITTED BY LETTERS/POST

Section 182 arrangements with offences committed by letters and so on. Under this section, if
any offence incorporates tricking, if the injured individual has been hoodwinked by methods for
letters or media transmission messages, it will be investigated by the Court under whose nearby
jurisdiction such letters or messages have been sent or got; and under the neighborhood
jurisdiction of the Court in which the property has been conveyed by the individual misled or has
been gotten by the charged individual.

JURISDICTION WHEN OFFENSE COMMITTED DURING A VOYAGE

Section 183 arrangements with offences which have been committed during adventure or
journey. At the point when an individual submits an offence, during venture or against an
individual who is voyaging, or the thing in regard of which, the offence has been committed is at
the appropriate time of its adventure or journey, the offence must be asked into or tired by a
Court through or into whose neighborhood jurisdiction that individual or thing has gone, during
the adventure.

.
JURISDICTION FOR OFFENSES JOINTLY TRIABLE

The spot of trial for offences which are triable together comprises of two conditions.
 At the point when an individual commits offences, to such an extent that he might be
accused of, attempted at one trial for, each such offence as per the arrangements of
section 219, section 220 or section 221.
 At the point when the offences or offences have been submitted by a few people, in a way
that the Court may charge and attempt them together, as per the arrangements of section
223.
In both of the conditions, the Court which is equipped to ask and attempt shall do likewise.

THE JURISDICTION IN OTHER CASES

Section 185 arrangements with the intensity of the State Government, as indicated by which the
legislature can coordinate that any cases or class of cases which have been committed for trial in
any region might be attempted in a session’s court.
It needs to guarantee that such heading isn’t conflicting with any of the bearings which have
been as of now given by some other Superior Court, according to the Constitution, or as
referenced under the Code of Criminal Procedure or under some other law for the present in
power.

Section 186 tends to the circumstance wherein the awareness of a specific offence has been
taken by at least two courts and perplexity emerges concerning which of the Courts will ask into
or attempt that offence, in such a case, just the High Courts have the position to determine the
disarray. The criteria for settling such issues are as per the following:
 In the event that a similar High Court administers the courts in question, at that point by
that High Court.
 In the event that a similar High Court doesn’t oversee the courts in question, at that point,
by the High Court which initially initiated the procedures as a re-appraising criminal
court. From that point, the various procedures in regard to that offence will be stopped.
Section 187 states the intensity of a Magistrate to give summons or warrant for offences which
have been submitted past his neighborhood jurisdiction. In such a circumstance the Magistrate
has the power to request such an individual to be created before him and afterwards send him to
the Magistrate of able jurisdiction.

JURISDICTION WHEN OFFENSE COMMITTED OUTSIDE INDIA

The conditions identified with the offences when committed outside the domain of India have
been managed under section 188. As per this section, when an offence is committed outside
India-
 by a resident of India, regardless of whether on the high oceans or somewhere else
 by an individual, not being such resident, on any ship or airship enrolled in India.

Such an individual might be treated in regard of such offence as though it had been committed at
wherever inside India and at such a spot, where he might be found. The stipulation to this section
determines that no such offence will be asked into or attempted in India without the past
approval from the Central Government.

The most significant factor in the previously mentioned arrangement is where the offence has
been submitted. Section 188 explicitly manages the situation when the offence is submitted
outside India. These offences must be esteemed to have been submitted in India, whenever
submitted by an Indian resident, in high oceans or in some other spot.

Additionally, when the offence is submitted by an individual who in spite of the fact that isn’t an
Indian resident yet is going in any Indian flying machine or ship.

At the point when the arrangements of Section 188 are relevant, at that point the Central
Government may, in the event that it regards fit, direct that the duplicates of affidavits or
displays given to a legal official or before a strategic or consular delegate of India in or for that
domain will be gotten as proof by the Court holding such request or trial regardless in which
such Court may give a commission for accepting proof with regards to the issues to which such
statements or shows related.

Section 188 and Section 189 ought to be perused together. They continue on the premise that
a criminal is in India and can be found anyplace in India. The Court needs to discover the
blamed and the seeing for the denounced has as done where the charged shows up.

It is obvious from the above section that the denounced can’t be found by a minor protest or by
the Police. Further, it is by outlandish for the casualty of an offence submitted outside India, to
visit India and attempt to determine the area of the denounced and afterwards approach the court.
The parity of comfort is higher on such an injured individual. Hence, all such focuses have been
considered while drafting Section 188 and Section 189 of the Code of Criminal Procedure.
The said unfortunate casualty has been vested with the privilege to move toward any Court in
India as indicated by his comfort and document a case in regard to the offence submitted upon
him by an Indian abroad.

On account of Reg v. Benito Lopez1, the issue identified with the jurisdiction of English Courts
for the offences submitted on the high oceans by outsiders who are going in England borne ships
was addressed. It was held that the nation which attempted the blamed turned out poorly its
jurisdiction. The choice featured the significant rule of International Law that an individual is at
risk to be rebuffed of every single such offence, which he has submitted independent of where it
is submitted.

1
1858 Cr LC 431.
 BIBLIOGRAPHY

1. 1858 Cr LC 431

2. https://advocatetanmoy.com/2018/03/02/the-jurisdiction-of-the-criminal-courts-in-
inquiries-and-trials-in-india/ 

3. http://www.shareyouressays.com/knowledge/jurisdiction-of-criminal-courts-in-india-
code-of-criminal-procedure/118016

4. The Code of Criminal Procedure, 1973.

5. The Code Of Criminal Procedure by Justice YV Chandrachud and VR Manohar-

Ratanalal and Dheeraj Lal- 16th edition 2002.