Jurisdiction of Courts for Specific Offences under Bharatiya Nagarik Suraksha Sanhita, 2023

Jurisdiction of Courts for Specific Offences under Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) that replaced the Criminal Procedure Code (CrPC) came into force on July 1, 2024. Of utmost significance to the criminal justice system is the determination of jurisdiction of the court to investigate and prosecute an offence. Chapter XIV of the BNSS, specifically sections 197 to 201, prescribes the jurisdiction of courts in criminal cases. This article is concerned with section 201, which specifies the court’s jurisdiction for certain offences like dacoity, kidnapping, theft, and so on.

Section 201: Place of Trial in Case of Certain Offences

Section 201 is concerned exclusively with the jurisdiction of courts in respect of serious offences such as dacoity, kidnapping, and theft. It clears up what court can investigate and prosecute these offenses. Let us analyze the provisions of this section:

Offences of Dacoity, Dacoity with Murder, and Escaping from Custody

As per section 201(1), crimes such as dacoity (group armed robbery), dacoity accompanied by murder, and breaking out of custody can be tried by a court in two kinds of places:

The court where the crime was perpetrated.

The court within whose jurisdiction the accused is discovered.

Example: If people commit dacoity in Delhi but the accused is caught in Mumbai, the court at either Delhi (where the accused committed the crime) or Mumbai (where the accused was apprehended) can adjudicate the case.

Offences of Kidnapping or Abduction

Section 201(2) provides for cases of kidnapping and abduction. Such offences can be tried by a court in any of the jurisdictions mentioned below:

Where the person was kidnapped or abducted.

Where the individual was taken, hidden, or held in captivity after abduction or kidnapping.

Example: If an individual is kidnapped in Kolkata but subsequently taken and hidden in Lucknow. The courts of Kolkata (where the kidnapping took place) and Lucknow (where the individual was held) can try the case.

Offences of Theft, Extortion, or Robbery

According to section 201(3), offences of theft, extortion, or robbery can be tried by:

A court where the offence was committed.

A court where the stolen property was found or in possession of the person who committed the offence, or in possession of any other person who knowingly received or kept the stolen property.

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Example: Suppose a theft is committed in Hyderabad, and the stolen article is subsequently discovered with an individual in Chennai. The courts of both Hyderabad and Chennai may try the case. This makes it the case possible to be prosecuted not merely where the offense occurred but also where the lost property was found.

Offences of Criminal Misappropriation or Criminal Breach of Trust

Section 201(4) deals with criminal misappropriation (unlawful use of another person’s property) and breach of trust. Such offenses can be tried by a court:

Where the offence was committed.

Where any part of the property forming part of the offence was received, kept, or ought to have been returned or accounted for.

Example: If a person embezzles money in Bengaluru but some of the money is found in Mumbai, both Mumbai and Bengaluru courts can try the case.

Offences Involving Possession of Stolen Property

Finally, section 201(5) deals with offences where stolen property is involved. These offences can be tried by a court:

Where the offence was committed.

Where the property stolen was in the possession of a person, particularly if the person knew or had reason to believe that the property was stolen.

Illustration: If a robbery takes place in Jaipur and the stolen property is thereafter discovered in possession of a person in Agra who knew he was holding it, courts at both Jaipur and Agra can try the case.

Bird’s Eye View of Chapter XIV: Jurisdiction of Criminal Courts

Aside from section 201, it’s also important to look at sections 197 to 200 to have a comprehensive understanding of jurisdictional provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. Such sections cover diverse situations on where an offence could be inquired into or tried when the place of the offence is not determined, or the offence is spread across different locations.

Section 197: In general, all offences should be tried by a court within whose jurisdiction the offence was committed.

Section 198: If it is doubtful where the offence was committed or if it was committed in more than one place, any of the courts within those local jurisdictions can try the case.

Section 199: In the case of offences where an act results in a consequence elsewhere, the case may be tried by a court where the act or the consequence has taken place.

Section 200: If an offence is connected with another offence that has occurred in another jurisdiction, the case may be tried where either of the offences has occurred.

For a more detailed examination of sections 197-200, you may read earlier articles published on Live Law Hindi.

Conclusion

The section 201 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provisions lay down clear parameters of jurisdiction for courts in respect of dacoity, kidnapping, theft, and other such offences. This allows cases to be tried not just where the offence was committed but also where its effects or consequences were experienced, or where the property was recovered. In addressing several possibilities, the law ensures more flexibility and effectiveness in prosecuting these grave offences.

These provisions are indicative of the all-encompassing nature of the Bharatiya Nagarik Suraksha Sanhita, which ensures law and order by allowing courts in various places to deal with different facets of a crime, thereby ensuring justice is delivered effectively and in a timely manner.