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JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS [SECTIONS 177-189] DECODED

Section 177 of Cr.P.C. deals with a situation of ordinary place of inquiry or trial. Every offence ordinarily be inquired and tried by the Court in whose local jurisdiction it was committed.

Section 178 of Cr.P.C. deals with a situation on place of inquiry or trial. When an offence was commissioned in several local areas; When an offence was commissioned partly in two or more local areas, or Where it comprises of several acts done in many local areas, in such case, the Court having jurisdiction over any of such local areas shall try or inquire the case.

Section 179 of Cr.P.C. deals with a situation over an offence triable where is done or consequence ensues. When an act is an offence by reason of anything is done and or consequence ensued, in such case, both Courts [the place of act done or consequence ensued] have jurisdiction to conduct inquiry or trial.

Section 180 of Cr.P.C. deals with a situation wherein the place of trial where act is an offence is related to another offence.

When an act is an offence and the same relates to any other act, which is also an offence and the doer is known for committing such offences then the Court in which the first offence was commissioned shall conduct inquiry or trial.

Section 181 of Cr.P.C. deals with place of trial in case of certain offences.

Offences like thug, murder, dacoity or dacoity with murder committed by a gang of dacoits or escaped from the custody may be inquired or tried by the Court in whose jurisdiction the offence was committed or the Accused was found.

Offences pertaining to kidnaping or abduction of a person may be inquired or tried by the Court in whose jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detailed.

Offences like theft, extortion or robbery may be inquired or tried by the Court in whose jurisdiction the person was committed or the stolen property, which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.

Offences like criminal misappropriation or criminal breach of trust may be inquired or tried by the Court in whose jurisdiction the offence was committed or any part of the property which is subject to the offence was received or retained or was required to returned or accounted for by the Accused.

Any offence pertaining to possession of stolen property may be inquired or tried by the Court in whose jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.

Section 182 of Cr.P.C. deals with offences committed by letters…

Offence like cheating in which deception was said to have followed by means of letters or telecommunication messages and the same shall be inquired or tried by the Court in whose jurisdiction those letters or messages were sent or were received. And, any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court in whose jurisdiction the property was delivered by the deceived person or received by the Accused.

Offence likes bigamy or fraudulently marrying a person by concealing the previous marriage which a criminal offence under Section 494 and 495 of IPC may be inquired or tried by the Court in whose jurisdiction the offence was committed or the offence last resided with his or her spouse by the first marriage or the wife of the first marriage has taken up taken up permanent residence after commission of offence.

Section 183 of Cr.P.C. deals with a situation wherein offence committed on journey or voyage. When an offence was said to have committed while on journey or voyage, the offence may be inquired or tried by the Court in whose jurisdiction that person or thing passed in the course of that journey or voyage.

Section 184 Cr.P.C. deals with a situation when place of trial for offences triable together. Where an Accused is charged for several offences and tried at one trial for each such offence under Sections 219, 220 and 221 of Cr.P.C. or, The offence[s] committed by many persons and they are charged with and tried together under Section 223 of Cr.P.C. Those offences were inquired or tried by a competent Court.

Section 185 of Cr.P.C. deals with power to order cases to be tried in different Sessions divisions. The State Government notwithstanding anything contained in this Chapter, it may direct any cases or group of cases committed for trial in any district and in any Sessions division as it deems appropriate. However, the State must look into one aspect while doing above that its direction should not clash with any of the directions previously mooted by the High Court or Supreme Court under the Constitution or breaching any law already in force.

Section 186 of Cr.P.C. deals with a situation wherein High Court decide in case of doubt on inquiry or trial. When two or more Courts have taken cognizance of the same offence and question arose on which Court to inquire or try the offence, it shall be decided by the High Court of that State.

If the Courts are subordinate to the same High Court,

If the Courts are not subordinate to the same High Court, by the High Court within local limits of whose appellate criminal jurisdiction the proceedings were first commenced. And thereupon all other proceedings in respect of that offence shall be discontinued. 

Section 187 of Cr.P.C. deals with power to issue summons or warrant for offence committed beyond local jurisdiction.

When an offence is said to have committed by a person of one jurisdiction in another jurisdiction or outside India and the same cannot be tried or inquired under provisions 177 to 185 of this Chapter or any other law that is in force but allows such case triable in India then the concerned Magistrate, who has such information, may inquire into the offence as if it had been committed within its jurisdiction by summoning the person or committing him to other Magistrate who has jurisdiction to try such offence , or if such offence is punishable with death or imprisonment for life and such person is willing to furnish bail to the satisfaction of the inquiring Magistrate then the Magistrate take such bond and order him to appear before the concerned Magistrate.

When there are more Magistrates than one having jurisdiction and no Magistrate falls under this Section satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear the case shall be reported to the orders of the High Court.

Section 188 of Cr.P.C. An Offence is said to have committed outside India by an Indian, whether on the ocean or somewhere, or, committed by a non-Indian in a ship or aircraft registered in India, the person should be dealt for such Offence as such he has committed in India. Provided if the law requires prior sanction of the Central Government to prosecute the same could be obtained. 

Section 189 of Cr.P.C. Any Offence is said to have commissioned outside India and which is being inquired or tried under Section 188 of Cr.P.C., the Central Government, if requires, can present copies of depositions or exhibits to the Judicial Officer of that territory or through any other legally permissible mode or as per protocol and may seek even Commission to take evidence on the case in such territory.

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