A, an accused stabs B at Jaipur with the intention to murder him. B is seriously injured and brought to AIIMS (All India Institute of Medical Sciences), Delhi for further treatment, where he dies. Subsequently, A is found in Hyderabad and arrested there. Can A be tried for the murder of B at Jaipur or Delhi or Hyderabad (where he is found)? Give reasons for your answer.

Question: A, an accused stabs B at Jaipur with the intention to murder him. B is seriously injured and brought to AIIMS (All India Institute of Medical Sciences), Delhi for further treatment, where he dies. Subsequently, A is found in Hyderabad and arrested there.

Can A be tried for the murder of B at Jaipur or Delhi or Hyderabad (where he is found)? Give reasons for your answer.

Find the answer only on Legal Bites. [A, an accused stabs B at Jaipur with the intention to murder him. B is seriously injured and brought to AIIMS (All India Institute of Medical Sciences), Delhi for further treatment, where he dies. Subsequently, A is found in Hyderabad and arrested there. Can A be tried for the murder of B at Jaipur or Delhi or Hyderabad (where he is found)? Give reasons for your answer.]

Answer

Section 179 of CrPC says that when an act is an offence for any reason committed at one place but its consequences occurred at another place, then the offence may be inquired into or tried by any court within whose local jurisdiction the offence was committed or the consequence ensued.

In the present case at hand, A, an accused stabs B at Jaipur with the intention to murder him. B is seriously injured and brought to AIIMS, Delhi for further treatment, where he dies. Here, the place of offence is Jaipur whereas the consequence i.e. death was taken in place in Delhi. The trial of A may take place at either Jaipur or Delhi by virtue of Section 179.

Subsequently, A is found in Hyderabad and arrested there. A can’t be tried for the murder of B Hyderabad. The reason is that there is a provision under Section 181 which specifies conditions in case of certain offences for which, the trial can also be commenced where the accused is found, besides the place where the offence was committed. These certain offences are:

1. 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.
2. 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.
3. 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.
4. 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 and required to be returned or accounted for, by the accused.

In the present case, the offence committed is culpable homicide which is outside the purview of section 181 list of certain offences. Thus, the Hyderabad court where the accused was found and arrested can’t be the place of trial besides Jaipur, where the offence was committed.

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