A, a resident of Lucknow who stabs B at Jaipur B is taken to Delhi for better treatment. B died in Delhi during treatment. At what place or places, the trial of A may take place. Can A be tried at Lucknow also?

Question: A, a resident of Lucknow who stabs B at Jaipur B is taken to Delhi for better treatment. B died in Delhi during treatment. At what place or places, the trial of A may take place. Can A be tried at Lucknow also?

Find the answer only on Legal Bites. [A, a resident of Lucknow who stabs B at Jaipur B is taken to Delhi for better treatment. B died in Delhi during treatment. At what place or places, the trial of A may take place. Can A be tried at Lucknow also?]

Answer

Under section 179 of the CrPC, a person accused of the commission of an offence is triable by a Court within the local limits of whose jurisdiction the act amounting to the offence has been done or the consequence of that act has ensued. This section applies to those offences that by their very definition consist of an act and its consequences, for example, culpable homicide.

Section 179 of CrPC says-

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.

Applying the provisions of the case to the present proposition at hand where A, a resident of Lucknow stabs B at Jaipur B is taken to Delhi for better treatment. B died in Delhi during treatment. Here, the place of offence is Lucknow whereas the consequence i.e. death was taken in place in Delhi. The trial of A may take place at either Lucknow or Delhi by virtue of section 179.

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