A minor girl was kidnapped from Dhaulpur, concealed at Bharatpur, and detained at Jaipur. Whether the offence of kidnapping may be tried at Bharatpur or Jaipur?

Question: A minor girl was kidnapped from Dhaulpur, concealed at Bharatpur, and detained at Jaipur. Whether the offence of kidnapping may be tried at Bharatpur or Jaipur? [RJS 1986]

Find the answer only on Legal Bites. [A minor girl was kidnapped from Dhaulpur, concealed at Bharatpur, and detained at Jaipur. Whether the offence of kidnapping may be tried at Bharatpur or Jaipur?]

Answer

Section 181 specifies conditions in case of certain offences for which, the trial can also be commenced at a place beside 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 depending upon where the offence is committed or where the accused is found.
2. Kidnapping or abduction of a person in the context of 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.

Sub-section (2) states any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. This implies for the present case at hand where A minor girl was kidnapped from Dhaulpur, concealed at Bharatpur, and detained at Jaipur that the offence of kidnapping may be tried at either place i.e. Bharatpur or Jaipur. Both places have jurisdiction to try the offence by virtue of section 181 of the CrPC.

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