Where a Case May Be Inquired Into and Tried

So where a man is stabbed in Kalyan and dies in a hospital in Mumbai, both places have jurisdiction.

Section 200. Where an act is an offence by reason of its relation to any other act which is also an offence, or which would be an offence if the doer were capable of committing one, the first offence may be tried where either act was done. This is the provision for abetment and for offences that depend on another offence.

Section 201: five specific offences

Sub-section (1), dacoity and escape. Dacoity, dacoity with murder, belonging to a gang of dacoits, or escaping from custody: where the offence was committed or the accused person is found.

Sub-section (2), kidnapping and abduction. Where the person was kidnapped or abducted, or was conveyed or concealed or detained.

Sub-section (3), theft, extortion and robbery. Where the offence was committed, or where the stolen property was possessed by any person committing the offence, or by any person who received or retained it knowing or having reason to believe it stolen.

Sub-section (4), criminal misappropriation and criminal breach of trust. Where the offence was committed, or where any part of the property was received or retained, or was required to be returned or accounted for by the accused.

Sub-section (5), possession of stolen property. Where the offence was committed, or where the property was possessed by any person who received or retained it knowing or having reason to believe it stolen.

Section 202: electronic communications and bigamy

Sub-section (1), and this is the modernised provision. Any offence which includes cheating may, if the deception is practised by means of electronic communications or letters or telecommunication messages, be tried by any Court within whose local jurisdiction such communications, letters or messages were sent or were received.

And any offence of cheating and dishonestly inducing delivery of property may be tried where the property was delivered by the person deceived or was received by the accused.

Sub-section (2), bigamy. An offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 may be tried where the offence was committed, or where the offender last resided with his or her spouse by the first marriage, or where the wife by the first marriage has taken up permanent residence after the commission of the offence.

Sections 203 to 206

Section 203, journeys and voyages. Where an offence is committed while the person by or against whom, or the thing in respect of which, it is committed is in the course of performing a journey or voyage, it may be tried by any Court through or into whose local jurisdiction that person or thing passed in the course of it.

Section 204, offences triable together. Where the offences committed by a person may be charged and tried at one trial under sections 242, 243 or 244, or where offences by several persons may be charged and tried together under section 246, they may be tried by any Court competent to try any of them.

Section 205, State Government direction. Notwithstanding the preceding provisions, the State Government may direct that any case or class of cases committed for trial in a district may be tried in any sessions division. The proviso: not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, the Sanhita or any other law.

Section 206, doubt between two courts. Where two or more Courts have taken cognizance of the same offence and a question arises which should try it:

(a) if the Courts are subordinate to the same High Court, that High Court decides; (b) if they are not, the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced decides,

and thereupon all other proceedings in respect of that offence shall be discontinued.

Sections 207 to 209: offences committed outside the jurisdiction and outside India

Section 207(1). Where a Magistrate of the first class sees reason to believe that a person within his local jurisdiction has committed outside it, whether within or outside India, an offence which cannot be inquired into or tried within his jurisdiction under sections 197 to 205 or any other law, but is triable in India, he may inquire into it as if it had been committed within his local jurisdiction, compel that person to appear before him, and either send him to the Magistrate having jurisdiction, or, where the offence is not punishable with death or imprisonment for life and the person is ready and willing to give bail to his satisfaction, take a bond or bail bond for his appearance before that Magistrate.

Sub-section (2). Where there is more than one Magistrate having such jurisdiction and the Magistrate acting under the section cannot satisfy himself to whom the person should be sent or bound to appear, the case shall be reported for the orders of the High Court.

Section 208, offences committed outside India. Where an offence is committed outside India:

(a) by a citizen of India, whether on the high seas or elsewhere; or (b) by a person not being such a citizen, on any ship or aircraft registered in India,

he may be dealt with in respect of it as if it had been committed at any place within India at which he may be found, or where the offence is registered in India. The proviso, notwithstanding anything in the preceding sections of the Chapter, requires the previous sanction of the Central Government before any such offence is inquired into or tried in India.

The words "or where the offence is registered in India" are new, and they matter: they give a place of trial even where the accused is not found in India at all.

Section 209, evidence from abroad. Where an offence alleged to have been committed outside India is being inquired into or tried under section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer in or for that territory, or before a diplomatic or consular representative of India there, shall be received as evidence by the Court, in any case in which the Court might issue a commission for taking evidence on those matters.

The words "either in physical form or in electronic form" are new.

A worked example

Anil is kidnapped from Panvel, driven through Pune, held in Solapur, and released. He then finds that money was extorted from his father by a phone call made from Kolhapur and received in Panvel.

Kidnapping. Section 201(2) gives jurisdiction to a Court at Panvel, where he was kidnapped, and to a Court at Pune, through which he was conveyed, and to a Court at Solapur, where he was detained.

Extortion. Section 201(3) gives jurisdiction where the offence was committed, and where the property was possessed by the offender or by a receiver who knew it was stolen.

The phone call. If the case is put as cheating practised by a telecommunication message, section 202(1) gives jurisdiction where the message was sent, Kolhapur, or where it was received, Panvel.

Two Courts take cognizance of the kidnapping, at Panvel and at Solapur. If both are subordinate to the same High Court, that High Court decides which should try it, section 206(a). If not, the High Court within whose appellate criminal jurisdiction the proceedings were first commenced decides, section 206(b), and all other proceedings are discontinued.

Change the facts. An Indian citizen commits an offence in Dubai and returns to Mumbai. Section 208 lets him be dealt with as if the offence had been committed at any place in India where he is found, but the previous sanction of the Central Government is required before the offence is inquired into or tried.

Evidence has been recorded before an Indian consular officer in Dubai. The Central Government may direct that copies of the depositions and exhibits be received in evidence, section 209.

Change them again. A first class Magistrate at Thane learns that a man now living in Thane committed an offence in Assam, and no provision gives Thane jurisdiction. Section 207 lets him inquire into it as if it had been committed at Thane, compel the man to appear, and send him to the Magistrate having jurisdiction.

Distinctions

What this does NOT mean

Section 197 does not give exclusive jurisdiction. The word is "ordinarily", and the rest of the Chapter is the exceptions.

Section 206 is not a transfer provision. It resolves a question between two courts that have both taken cognizance; transfer is Chapter XXXIII.

Section 208 does not create an offence. It gives a place of trial for an offence already triable in India, and it needs the Central Government's previous sanction.

And this Chapter says nothing about which class of court may try the offence. That is section 21 and the First Schedule.

Quick revision

• 197: ordinarily, where committed.
• 198: uncertain place, partly here and partly there, a continuing offence, or several acts in different areas: any of them.
• 199: where the act was done or the consequence ensued.
• 200: where either act was done, for an offence that depends on another act.
• 201: dacoity and escape, where found; kidnapping, where conveyed, concealed or detained; theft, extortion and robbery, and possession of stolen property, where the property was possessed by the offender or a knowing receiver; misappropriation and breach of trust, where the property was received, retained, or required to be returned or accounted for.
• 202: cheating by electronic communication, letter or telecommunication message, where sent or received; delivery cases, where delivered or received; bigamy under BNS section 82, three places.
• 203: on a journey or voyage, anywhere it passed.
• 204: offences triable together, any competent Court.
• 205: the State Government may direct trial in another sessions division, subject to earlier High Court or Supreme Court directions.
• 206: doubt between two Courts that have taken cognizance is decided by the same High Court, or by the High Court where the proceedings were first commenced; other proceedings are discontinued.
• 207: a first class Magistrate may inquire into an offence committed outside his jurisdiction by a person within it, and send him to the Magistrate having jurisdiction, or take a bond or bail bond where the offence is not punishable with death or life and he is willing to give bail; where several Magistrates have jurisdiction and he cannot decide, the case is reported for the orders of the High Court.
• 208: offences outside India by a citizen, or by anyone on an Indian ship or aircraft, triable where he is found or where the offence is registered in India, with the Central Government's previous sanction.
• 209: the Central Government may direct that depositions and exhibits taken abroad, in physical or electronic form, before a judicial officer or an Indian diplomatic or consular representative, be received in evidence in any case in which the Court might issue a commission.

Test yourself

1. State the general rule as to the place of trial. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed, section 197.

2. A man is assaulted in one district and dies in another. Which Court may try the offence? Either, under section 199, because the offence is one by reason of an act done and a consequence which has ensued.

3. A cheating email is sent from Nagpur and received in Mumbai. Where may the case be tried? In either place. Section 202(1) allows trial by any Court within whose local jurisdiction such electronic communications were sent or were received.

4. Where may an offence of dacoity be tried? Where the offence was committed, or within whose local jurisdiction the accused person is found, section 201(1).

5. Two Courts subordinate to different High Courts have taken cognizance of the same offence. Who decides which should try it? The High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and all other proceedings in respect of that offence are then discontinued, section 206(b).

6. What is required before an offence committed outside India by an Indian citizen is tried here? The previous sanction of the Central Government, proviso to section 208.

7. Which section deals with an offence committed during a journey? Section 203, which allows trial by any Court through or into whose local jurisdiction the person or thing passed in the course of the journey or voyage.