PROJECT
On
“Jurisdiction of Criminal court in inquiries and Trial ”
[ Submitted as a partial fulfillment for B.A. LLB (Hons.) 5 Year Integrated
cource]
Session: 2021-2022
Submitted by: Submitted To:
RAVI PRAKASH ARYA Dr. Preeti Joshi
Semester-9th , section-B Faculty of Law
Roll no- 76
University Five Year Law College
University of Rajasthan
Jaipur
Declaration
I, RAVI PRAKASH ARYA hereby declare that this project titled “Jurisdiction of
Criminal court in inquiries and Trial” is based on the on original research work carried out by
me under the guidance and supervision of Dr. Preeti Joshi.
The interpretations put forth are based on my reading and understanding of the
original texts. The books, articles and websites etc. which have been relied upon by me have
been duly acknowledged at the respective places in the text
For the present project which I am submitting to the university, no degree or
diploma has been conferred on me before, either in this or in any university.
Name - RAVI PRAKASH ARYA
Roll No. -76
Semester: - 9th -B
Acknowledgment
I have written this project, “Jurisdiction of Criminal court in inquiries and Trial” under the
supervision of, Dr. Preeti Joshi Faculty, University Five Year Law College, University of
Rajasthan, Jaipur. Her Valuable suggestions herein have not only helped me immensely in
making this work but also in developing an analytical approach this work.
I found no words to express my sense of gratitude for Director Dr.Aruna Choudhary.
I am extremely grateful to librarian and library staff of the college for the support and
cooperation extended by them from time to time.
RAVI PRAKASH ARYA
CERTIFICATE
Dr. Preeti Joshi
Faculty
University Five Year Law College
University of Rajasthan, Jaipur
This is to certify that RAVI PRAKASH ARYA student of 9TH Semester, sec-B of University
Five Year Law College, University of Rajasthan has carried out the project entitled
“Jurisdiction of Criminal court in inquiries and Trial” under my supervision and guidance. It
is an investigation report of a minor project. The student has completed research work in my
stipulated time and according to the norms prescribed for the purpose.
Supervisor
Table of Contents
CHAPTER-1
INTRODUCTION
CHAPTER-2
Trial
CHAPTER-3
Jurisdiction Of Criminal Court
CONCLUSION
BIBLIOGRAPHY
Chapter-1
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.
Types of Inquiry
Judicial Inquiry
Non – Judicial Inquiry
Preliminary Inquiry
Local Inquiry
Inquiry into an offence
Inquiry into matters other than an offence1
1
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india/#:~:text=Section%20177%20%E2%80%93%20According%20to%20this,into%20and%20try%20such%20ca
se.&text=When%20the%20offence%20comprises%20of,committed%20in%20different%20local%20areas.
Chapter-2
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.
Types of Trials
The trials have been divided into four categories which have different approaches and
procedures.
Session Trial– If the offence committed is punishable with more than seven years of
imprisonment or Life imprisonment or Death, the trial is to be conducted in a Sessions court
after being committed or forwarded to the court by a magistrate.
Warrant Trial– Warrant case includes offence punishable with the death penalty,
imprisonment for life and imprisonment exceeding two years. A trial in a warrant case
begins either by filing an FIR in a Police Station or by filing it before a Magistrate.
Summon Trial- If the offence committed is punishable with less than two years of
imprisonment, it is taken as a summons case. In respect of this offence, it is not necessary to
frame charges. Summon is issued by the Magistrate to the accused under section 204(1) (a) of
Cr.P.C, 1973. “Summon case” means a case relating to an offence, not being a warrant case.
The procedure to deal with such matter provided in section 251 to 259 of Cr.P.C, 1973 which
is not as serious/formal as other trials (Session trial, warrant case instituted on the police
report and warrant cases instituted otherwise than on police report).
Summary Trial– Those trials in which cases are disposed of speedily with a simple procedure
to follow and recording of such trials are done summarily. In this trial only small cases are
taken in hand and complicated cases are reserved for summon and warrant trials. Legal
Provisions for summary trial are given under Section 260-265 of Cr.P.C, 1973.
Chapter-3
Jurisdiction of Criminal Courts
Sections 177 to section 189 under Chapter XIII of the Criminal Procedure Code, 1973
describe the jurisdiction of criminal courts that is to determine which Court shall try a
particular offence.
Section 177 – According to this section, the Court under whose jurisdiction the offence has
been committed only has the authority to inquire into and try 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.
But, section 181 specifies conditions in case of certain offences. According to section 181(1),
the trial can also be commenced where the accused is found, besides the place where the
offence was committed. Section 181(1) talks about the offences, when not committed in a
single place. It deals with the following cases.2
Thug, or murder committed while performing the act of thug, dacoity, or dacoity with murder
etc- where the offence is committed or where the accused is found.
Kidnapping or abduction of a person- the place from where the person was kidnapped/
abducted or where the person was concealed or conveyed or detained.
Theft, extortion or robbery – the Court where the offence has been committed or where the
stolen property is possessed, received or delivered, has the jurisdiction to try such a case.
Criminal misappropriation or criminal breach of trust- where the offence has been committed
or where any part of the property which is the subject matter of the offence has been received
or retained, required to be returned or accounted for, by the accused.
But the above section deals with offences when the offender is travelling, as evident from the
nature of the offences as specified under this section.
Section 182 deals with offences committed by letters etc. Under this section, if any offence
includes cheating, if the victim has been deceived by means of letters or telecommunication
messages, it shall be looked into by the Court under whose local jurisdiction such letters or
messages have been sent or received; and under the local jurisdiction of the Court in which
the property has been delivered by the person deceived or has been received by the accused
person.
Section 183 deals with offences which have been committed during journey or voyage. When
a person commits an offence, during journey or against a person who is travelling, or the
thing in respect of which, the offence has been committed is in due course of its journey or
voyage, the offence has to be inquired into or tired by a Court through or into whose local
jurisdiction that person or thing has passed, during the journey.
2
https://www.legalserviceindia.com/legal/article-6032-jurisdiction-of-criminal-courts-in-inquiries-and-
trial.html
The place of trial for offences which are triable together consists of two circumstances.
When any person commits offences, such that he may be charged with, tried at one trial for,
each such offence according to the provisions of section 219, section 220 or section 221.
When the offences or offences have been committed by several persons, in a manner that the
Court may charge and try them together, according to the provisions of section 223.
In either of the circumstances, the Court which is competent to inquire and try such do the
same.
Section 185 deals with the power of the State Government, according to which the
government can direct that any cases or class of cases which have been committed for trial in
any district, may be tried in a sessions court. It has to ensure that such direction is not
inconsistent with any of the directions which have been already issued by any other Superior
Court, as per the Constitution, or as mentioned under the Code of Criminal Procedure or
under any other law for the time being in force.
Section 186 addresses the situation wherein the cognizance of a particular offence has been
taken by two or more courts and confusion arises as to which of the Courts shall inquire into
or try that offence, in such a case, only the High Courts have the authority to resolve the
confusion. The criteria for resolving such issues are as follows.
If the same High Court supervises the courts involved, then by that High Court
If the same High Court does not supervise the courts involved then, by the High Court which
first commenced the proceedings as an appellate criminal court. Thereafter, all the other
proceedings in respect of that offence shall be discontinued.
Section 187 states the power of a Magistrate to issue summons or warrant for offences which
have been committed beyond his local jurisdiction. In such a situation the Magistrate has the
authority to order such a person to be produced before him and then send him to the
Magistrate of competent jurisdiction.
The conditions related to the offences when committed outside the territory of India have
been dealt with under section 188. According to this section, when an offence is committed
outside India-
by a citizen of India, whether on the high seas or elsewhere
by a person, not being such citizen, on any ship or aircraft registered in India.
Such a person may be treated in respect of such offence as if it had been committed at any
place within India and at such a place, where he may be found.
The proviso to this section specifies that no such offence shall be inquired into or tried in
India without the previous sanction from the Central Government. The most important factor
in the above-mentioned provision is the place where the offence has been committed.
Section 188 specifically deals with the case when the offence is committed outside India.
These offences have to be deemed to have been committed in India, if committed by an
Indian citizen, in high seas or in any other place. Also, when the offence is committed by a
person who although is not an Indian citizen but is travelling in any Indian aircraft or ship.
When the provisions of Section 188 are applicable, then the Central Government may, if it
deems fit, direct that the copies of depositions or exhibits given to a judicial officer or before
a diplomatic or consular representative of India in or for that territory shall be received as
evidence by the Court holding such inquiry or trial in any case in which such Court might
issue a commission for taking evidence as to the matters to which such depositions or
exhibits relate.
Section 188 and Section 189 should be read together. They proceed on the basis that a
fugitive is in India and can be found anywhere in India. The Court has to find the accused and
the finding of the accused has to be done where the accused appears. It is clear from the
above section that the accused cannot be found by a mere complaint or by the Police.
Further, it is next to impossible for the victim of an offence committed outside India, to visit
India and try to ascertain the location of the accused and then approach the court. The balance
of convenience is higher on the side of such a victim. Therefore, all such points have been
considered while drafting Section 188 and Section 189 of the Code of Criminal Procedure.
The said victim has been vested with the right to approach any Court in India according to his
convenience and file a case in respect of the offence committed upon him by an Indian
abroad.3
3
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Case Laws
In the case of Reg vs. Benito Lopez(1), the issue related to the jurisdiction of English Courts
for the offences committed on the high seas by foreigners who are travelling in England
borne ships was questioned. It was held that the country which tried the accused did not go
beyond its jurisdiction. The decision highlighted the important principle of International Law
that a person is liable to be punished of all such offences, which he has committed
irrespective of the place where it is committed.
Mohan Baitha and Ors. Vs. State of Bihar and Anr. (2001):
In this case, the complainant, father of the deceased narrated the chain of events in his
complaint petition as his daughter soon after her marriage was subjected to cruelty by her
husband for dowry. She died within three years of her marriage. The complaint was filed in
the Patna High Court whereas the offence was committed in Uttar Pradesh. The accused were
held liable under Section 304B, 34 and 406 of the IPC.
They appealed in the Supreme Court pleaded that the Patna High Court lacks territorial
jurisdiction in this case as the offence was committed in Uttar Pradesh. The court relied upon
Section 220 of CrPC, which says more than one offence committed by the same person can
be tried at one trial.
The offence of criminal breach of trust (Section 406 of the IPC) was committed at Patna. So,
Section 304B of the IPC can be held under Section 220 of Cr.P.C and can be tried along with
406 of the IPC at Patna High Court. Therefore, the appeal was dismissed by the Supreme
Court.
Conclusion
Whenever an offence is committed, the first question which arises is that in whose
jurisdiction the offence would fall. The jurisdictional issue is the most important issue which
needs to be resolved so that the proceedings can begin without any hindrance. Sections 177-
189 deals with the concept of jurisdiction. Under normal circumstances, the case shall be
inquired and tried by a court under whose jurisdiction the offence has been committed.
However, there are certain cases where more than one Court have the power to inquire and
try the cases. Such issues have been explicitly dealt with by the provisions of the Code of
Criminal Procedure. The Code also mentions the circumstances when the offence is
committed by an Indian citizen in a foreign country or by a foreign travelling in an aircraft or
ship registered in India. The courts need to consider all the factors governing the jurisdiction
and begin with the proceedings after referring to the Code of Criminal Procedure.
Bibliography
• https://blog.ipleaders.in/jurisdiction-criminal-courts-
india/#:~:text=Section%20177%20%E2%80%93%20According%20to%20this,into%
20and%20try%20such%20case.&text=When%20the%20offence%20comprises%20of
,committed%20in%20different%20local%20areas
• https://www.legalserviceindia.com/legal/article-6032-jurisdiction-of-criminal-courts-
in-inquiries-and-trial.html
• https://blog.ipleaders.in/jurisdiction-courts-regards-place-inquiry-trial-crpc/
• The Code Of Criminal Procedure 1973 (2 of 1974)
