Introduction
In a criminal justice system, jurisdiction refers to the authority given to a court to hear and decide a case. For a criminal court to initiate inquiries or conduct trials, it must possess the legal power to do so, which is determined by a combination of territorial, pecuniary, and subject-matter jurisdiction.
The Code of Criminal Procedure, 1973 (CrPC) lays down the jurisdictional rules for various criminal courts in inquiries and trials under Sections 177 to 189. These provisions aim to ensure that the case is tried in the most appropriate forum, based on where the offence occurred, the nature of the offence, and other related factors.
This essay elaborates on the different types of jurisdiction, the legal framework under CrPC, and relevant judicial interpretations.
Types of Jurisdiction in Criminal Courts
The jurisdiction of criminal courts in India is broadly categorized into:
Territorial Jurisdiction
Determines where the offence was committed.
Subject-Matter Jurisdiction
Determines which court (e.g., Magistrate, Sessions Court) has the authority based on the seriousness of the offence.
Pecuniary Jurisdiction
Rare in criminal law, but may be relevant where fines or compensations are involved.
Jurisdiction Based on Offender’s Status
Certain offences by public servants, juveniles, or armed forces personnel may have special procedural rules.
General Rule of Jurisdiction (Section 177 CrPC)
“Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.”
This section forms the foundation of criminal jurisdiction. The idea is that the case should be tried at the place of occurrence, allowing better access to witnesses, evidence, and investigation officers.
Exceptions to Section 177 – Special Situations
Place of Multiple Offences (Section 178)
Offence can be tried where:
- The act was done or the consequence ensued
- It is uncertain where the offence was committed
- Offence was committed partly in one area and partly in another
- Offence is a continuing one
- It consists of several acts done in different areas
Place Where Act is an Offence by Itself and with Consequences (Section 179)
A court has jurisdiction where:
- The act was done
- The consequence of the act occurred
Example: In case of criminal intimidation, the place where the threat was made and where it was received both hold jurisdiction.
Offence by Means of Letters or Electronic Messages (Section 180)
When an offence is committed by sending a letter, SMS, or email, the jurisdiction lies in:
- The place where the communication was sent
- The place where it was received
Place of Trial for Connected Offences (Section 181)
Applies in cases like:
- Theft, extortion, or robbery – the place where the offence was committed or where the property was received or retained
- Criminal misappropriation or breach of trust – where the offence was committed or where the property was handled
- Kidnapping or abduction – place from where the person was taken or conveyed
Jurisdiction for Offences Committed While Journeying (Section 183)
If an offence is committed during a journey or voyage, the place where the journey began or ended has jurisdiction.
Example: An offence on a train journey from Delhi to Chennai may be tried in either city.
Offences Committed Outside India (Sections 188 and 189)
Section 188: Indian courts have jurisdiction to try offences committed by:
- Indian citizens abroad
- Foreign nationals on Indian registered ships or aircraft
Trial requires prior sanction of the Central Government.
Section 189: When an act is an offence in India and also in the foreign country, the offender may be tried in India.
Jurisdiction of Criminal Courts by Hierarchy
| Court | Jurisdiction |
|---|---|
| Executive Magistrate | Preventive and administrative orders |
| Judicial Magistrate (2nd Class) | Try offences punishable up to 1 year + ₹5,000 fine |
| Judicial Magistrate (1st Class) | Try offences punishable up to 3 years + any fine |
| Chief Judicial Magistrate | Try offences up to 7 years of imprisonment |
| Sessions Court | Try offences punishable with more than 7 years, life imprisonment, or death penalty |
Judicial Interpretations
Purushottamdas Dalmia v. State of West Bengal (AIR 1961 SC 1589)
Held that place of consequence is as important as place of act for determining jurisdiction.
State of Bihar v. Deokaran Nenshi (AIR 1973 SC 908)
Clarified that for continuing offences like criminal breach of trust, the location of each act matters for jurisdiction.
K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510
In cheque bounce cases, jurisdiction includes where:
- Cheque was presented
- Bank dishonoured the cheque
- Notice was issued and received
Table: Jurisdictional Provisions under CrPC
| Section | Provision | Jurisdiction Rule |
|---|---|---|
| 177 | Ordinary place of inquiry and trial | Where offence was committed |
| 178 | Multiple locations or uncertain location | Any place where part of the offence occurred |
| 179 | Act and consequence at different places | Either place has jurisdiction |
| 180 | Offences via letters or messages | Place of sending or receiving |
| 181 | Special offences like theft, kidnapping | Includes multiple relevant places |
| 183 | Journey or voyage | Place where journey began or ended |
| 188 | Offence outside India by Indian citizens | With Central Government’s sanction |
| 189 | Act committed outside India but punishable in India | Can be tried in India |