Jurisdiction — Place of Inquiry and Trial (ss.197–209 BNSS) — BNSS (Criminal Law II) Notes

Jurisdiction — Place of Inquiry and Trial (ss.197–209 BNSS)

Two railway theft problems have appeared again and again: the passenger whose bag vanishes somewhere between two cities, and the victim wounded in one town who dies in another. Each is a puzzle of place — and the BNSS answers every one of them with a specific section in the ss.197–209 cluster. Learn the section that rescues each fact-pattern and these problems become gifts.

The ordinary rule (s.197 BNSS [s.177 CrPC]): every offence is inquired into and tried by a court within whose local jurisdiction it was committed. Simple, but real crimes cross boundaries, so the Sanhita adds special rules.

A. The special place-of-trial rules

Uncertain area, or offence partly in several areas (s.198 [s.178 CrPC]). Where the offence is committed in several local areas, or it is uncertain in which, any of those courts may try it.
Offence with a consequence elsewhere (s.199 [s.179 CrPC]). Where an act and its consequence happen in different places, the offence may be tried where the act was done or where the consequence ensued. (This is the wound-here-death-there rule.)
Offence connected with another (s.200 [s.180 CrPC]). Where one act is an offence because of its relation to another, it may be tried where either act was done.
Offence on a journey (s.201 [s.183 CrPC]). An offence committed on a person or thing in the course of a journey or voyage may be tried by any court through whose local area the person or thing passed. (This is the train-theft rule.)
Where the offender is found (s.202 [s.181 CrPC]). For offences such as being a thug, dacoit, or a member of a gang, kidnapping, theft, robbery or criminal misappropriation, trial may be held where the offence was committed or where the accused/property is found.

B. High Court’s power to decide the place (s.209 [s.186 CrPC])

Where two courts each doubt whether they have jurisdiction, the High Court decides the place of trial. Section 208 [s.188 CrPC] deals with offences committed outside India by Indian citizens (triable in India with the Central Government’s sanction).

🧩 WORKED EXAMPLE — the train-theft problem

Facts. A travels by train from City X to City Y. His luggage is stolen during the night; the theft is discovered at intermediate station Z; the thief B is caught with the luggage at destination Y.

Rule. Two sections help. Under s.201 BNSS (offence in the course of a journey) any court through whose area the luggage passed — X, Z, Y — may try it. Under s.202 (theft triable where the offender/property is found) Y also has jurisdiction.

Apply. B can therefore be tried at X, Z or Y. The decoy is the assumption that only the place of discovery (Z) or arrest (Y) counts.

Conclusion. All the courts on the route have jurisdiction — cite s.201 first, s.202 in support.

Section 199 BNSS: “When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.”

In Simple Terms: If the blow falls in one town and death follows in another, either town’s court can try the case.

flowchart TD
    ROOT["Where can the offence be tried?"]:::root
    ROOT --> A["Ordinary rule s.197<br/>where committed"]:::leaf
    ROOT --> B["s.199<br/>act OR consequence place"]:::leaf
    ROOT --> C["s.201<br/>anywhere on the journey"]:::leaf
    ROOT --> D["s.202<br/>where offender/property found<br/>(theft, dacoity, gang)"]:::leaf
    ROOT --> E["s.209<br/>High Court decides on doubt"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Purushottamdas Dalmia v. State of West Bengal (1961) — a conspiracy may be tried wherever any overt act in furtherance of it was committed.
Naresh Kavarchand Khatri v. State of Gujarat (2008) — an objection to territorial jurisdiction does not by itself vitiate a trial unless a failure of justice is shown (read with s.510 BNSS).

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