When something is done that the law considers to be an offense, the first thing the investigating authorities think about is where the offense will be investigated. Will the matter only be tried by the court that has jurisdiction over the area where the offense was committed? Let us discuss Sections 177-189 of CrPC in detail.
The term “jurisdiction” describes the authority to hear cases pertaining to or involving individuals who live in a specific area. It can also refer to the area within the authority of a government, a court, or one of its branches. A court cannot bind a defendant to duty or decide any rights concerning them if it lacks jurisdiction over the occurrences or people that took place there.
Jurisdiction of Criminal Courts under CrPC: About
The jurisdictions of criminal courts discussed under Section 177-189 of CrPC are as follows:
Section 177 of CrPC
- According to thejurisdiction of criminal courts under CrPC, the main guideline regarding the jurisdiction for criminal investigations and trials is outlined in Section 177 of the CrPC.
- According to the section, the place of occurrence of the offense will be taken into consideration while determining the Court’s geographical jurisdiction.
Section 178 of CrPC
- According to Section 178, any court having local jurisdiction under CrPC may try or investigate a case if it is unclear exactly which local area the offense was committed in, if it was committed partially in one local area and partially in another, or even if it continued to be committed in multiple local areas.
- For Example: When a terrorist attack is planned in multiple places, given the variety of offenses involved, determining the precise location of the offense is exceedingly challenging. Here, any court whose local authority any offense was committed may investigate or try the accused under section 178 of the CrPC.
Section 179 of CrPC
- According to Section 179, any court under whose local jurisdiction an act was committed or a consequence resulted may investigate or try an offense if it was committed for any reason in one location but the consequences happened somewhere else.
- For Example: After being hit by an auto in Delhi, X passed away at a Gurgaon hospital. In this case, the crime was committed in Delhi, but Gurgaon saw the death that resulted from it. By virtue of Section 179, any court in either area may investigate or try the offense.
Section 180 of CrPC
- According to Section 180, the court with local jurisdiction under CrPC may try or investigate the first offense if it is committed in relation to another act that is also illegal or would be illegal if done by the perpetrator.
- For Example: A court where the act of abetment was carried out or where the offense that was assisted was committed may investigate or try a case of abetment.
Section 181 of CrPC
- According to Section 181 (1), a court with jurisdiction over the local area where the offense took place or the accused was found may try anyone accused of being a thug, murder carried out by a thug, dacoity, dacoity with murder, being related to a gang of dacoits, or escaping from custody.
- According to Section 181 (2), a court where the victim was abducted or kidnapped, or where the victim is kept, passed, or hidden, may investigate or try a kidnapping/abduction case.
- According to Section 181 (3), any person who knew or had reason to suspect that the property he obtained or retained was stolen may investigate or try an offense of theft, robbery, or extortion in the court where the offense was committed, or where the stolen property was found in the offender’s possession.
- According to Section 181 (4), a court where the crime was committed or where the accused acquired or retained any portion of the property may investigate or try a case involving criminal misappropriation or criminal breach of trust.
Section 182 of CrPC
- According to Section 182, the court in the area where such messages were transmitted or received may investigate or try someone who has committed the crime of cheating through letters or telecommunications.
Section 183 of CrPC
- According to Section 183, an offense committed during a continuous journey or voyage by an individual or against an object may be investigated or tried in the court where the offending person or object was present during the entire journey or voyage.
Section 184 of CrPC
- According to Section 184, a person may be tried for multiple offenses at the same time under Sections 219, 220, and 221.
- Additionally, any offense or offenses committed by many persons that qualify for a trial under Section 223 may be investigated or tried in a court that has the authority to do so.
Section 185 of CrPC
- According to Section 185, the State Government may mandate that an offense that is triable in any district be tried in any sessions division; however, this authority is subject to the restriction that it must not conflict with any previous rulings made by the Supreme Court or the High Court under the Constitution, this Code, or any other currently enacted legislation.
Section 186 of CrPC
Section 186 states that when an offense is tried in two or more courts, there will be an issue of cognizance regarding which court should investigate or trial the offense.
- The High Court is going to decide whether or not the Courts answer to it.
- If the Courts are not under the same High Court’s jurisdiction, the Court that initiated the proceedings first will investigate or trial that offense. As a result, the remaining procedures will end.
Section 187 of CrPC
- According to Section 187, a first-class magistrate may investigate an offense in the same way as it was committed within his jurisdiction if he or she has reason to believe that a person living within their local jurisdiction has committed an offense (that is not investigated into or tried under the provisions of Section 177 to Section 185, both including) outside of it (inside or outside of India).
Section 188 of CrPC
According to Section 188, states that an offense committed outside of India by an Indian citizen or by a non-Indian citizen traveling on a ship or aircraft registered in India may be tried as if it were committed in India, provided that the Central Government has given its prior approval.
Section 189 of CrPC
- According to Section 189, in any case where the Central Government deems fit, it may order that the copies of depositions created or exhibits produced before a Judicial officer in or for that territory, be admitted as evidence by the Court holding such an inquiry or trial. This is applicable to any offense that is investigated or tried under the provisions of Section 188.
It is crucial to the efficient and well-organized operation of the legal system. The Legislature, Executive Branch, and Judiciary Branch of the Government are kept apart from one another in order to prevent interference with their respective functions and to prevent any one branch from acting arbitrarily.
