Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. Discuss. Are there any exceptions to this rule? If so, what?

Question: Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. Discuss. Are there any exceptions to this rule? If so, what? [U.P.C.J. 1997, JJS, 2001, MPHJS. 2017, BIHAR J 1987, UP APO. 1997, UPCJ. 2018, UPHJS 2007]

Find the answer only on Legal Bites. [Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. Discuss. Are there any exceptions to this rule? If so, what?]

Answer

The Common law principle of England which says that all crimes are local and justiciable by local Courts only within whose jurisdiction they are committed finds a place in section 177. But the scheme of the Chapter seems to be intended to enlarge as much as possible the ambit of the situs in which the trial may be held to minimise as much as possible the inconvenience caused by the success of a technical plea that the offence was not committed within the local limits.

Section 177 of the CrPC lays down provisions for Ordinary places of inquiry and trial. It states that-

“Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed”.

The word “Ordinarily” means “except in the cases provided hereinafter to the contrary” as held in Narumal v. State of Bombay, AIR 1960 SC 1329. For example, Section 181 deals with where the accused may be found; Section 182(2) deals with “the offender last resided with his or her spouse…”, etc.

As observed in Mohan Baitha v. State of Bihar, AIR 2001 SC 1490, “the use of the word “ordinarily” indicates that the provision is a general one and must be read subject to the special provisions contained in the Code. That apart, the exceptions implied by the word “ordinarily” need not be limited to those specially provided for by the law and exceptions may be provided by law on considerations of convenience or may be implied from other provisions of law permitting joint trial of offences by the same court”.

The rule of Section 177 of CrPC has to be read subject to the succeeding provisions provided in Sections 178 to 186 and 188 of CrPC. The provisions of Sections 219 to 223 CrPC also provide exceptions to Section 177 CrPC. The Magistrate, within whose jurisdiction the crime was allegedly committed, has the jurisdiction to try the offence, which rule is, of course, subject to exceptions contained in the subsequent sections.

Section 178 provides-

“Notwithstanding anything contained in Section 177, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any sessions division.”

Section 179 provides-

“When a person is accused of the commission of an offence by reason of anything which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ensued.”

Section 180 provides-

“When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a Court within the local limits of whose jurisdiction either act was done.”

Section 181 contains special provisions as regards jurisdiction in respect of several specified offences. Section 182 provides that

“When it is uncertain in which of several local areas an offence was committed, or Where an offence is committed partly in one local area and partly in another, or Where an offence is a continuing one, and continues to be committed in more local areas than one, or Where it consists of several acts done in different local areas, It may be inquired into or tried by a Court having jurisdiction over any of such local areas.”

Section 183 contains special provisions as regards jurisdiction in respect of offences committed on a journey. Section 184 contains special provisions as regards jurisdiction in respect of offences against Railways, Telegraphs the Post Office and Arms Act.

Section 185 (1) provides that:

“Whenever a question arises as to which of two or more Courts subordinate to the same High Court ought to inquire into or try any offence, it shall be decided by that High Court.”

Sub-section (2) of that section contains special provisions as regards cases where two or more Courts not subordinate to this High Court have taken cognizance of the same offence.

Section 188 provides that when an offence is committed by any citizen of India at any place without and beyond India or any person committed any offence in a ship or aircraft registered in India, wherever it may be he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found.

It is pertinent to be mentioned that Section 462 CrPC says that no trial or other proceeding shall be liable to be set aside for the absence of local jurisdiction unless it is clearly established that it has occasioned a failure of justice. Therefore, the objection regarding lack of territorial jurisdiction has to be taken at the initial stage of the proceeding, because a lack of territorial jurisdiction does not render the trial nullity.

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