Jurisdiction of Criminal Courts in Inquiries and Trials under CrPC : UNIT II

 Q: Explain the provisions of the criminal Procedure relating to the jurisdiction of the criminal courts in inquiries and trials.  UNIT-II

Answer:

Jurisdiction of Criminal Courts in Inquiries and Trials under CrPC

The Code of Criminal Procedure, 1973 (CrPC) lays down detailed provisions to determine the jurisdiction of criminal courts during inquiries and trials. These provisions ensure that cases are handled by appropriate courts based on territorial, subject matter, and pecuniary considerations. Jurisdiction defines the authority of a court to take cognizance of an offense, conduct inquiries, and hold trials.

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1. Territorial Jurisdiction (Sections 177-184)

General Rule: Section 177

• Offenses are ordinarily inquired into and tried by the court within whose local jurisdiction the offense was committed.

Place of Inquiry or Trial for Specific Situations

• Section 178:
  • If an offense is committed in multiple jurisdictions, it may be inquired into or tried in any court where:
    • The offense occurred.
    • An act constituting the offense occurred.
  • If the offense is continuing (e.g., cheating through correspondence), it can be tried in any jurisdiction where it continued.
• Section 179:
  • If the offense involves a consequence that occurs in another place, it can be tried at either location.
  • Example: A defamatory statement made in one city and read in another can be tried in either city.
• Section 180:
  • In cases involving multiple acts by different individuals in different places, jurisdiction lies where any act occurred.
• Section 181:
  • Applies to offenses such as theft, criminal misappropriation, or criminal breach of trust. Trials can occur:
    • Where the offense was committed.
    • Where the property is held or received.
• Section 182:
  • In cases involving cheating, trials can occur:
    • Where the deception was practiced.
    • Where the consequences occurred.

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2. Jurisdiction of Courts Based on Offense Severity (Sections 26-28)

Section 26: Courts Empowered to Try Offenses

• Any offense under the Indian Penal Code (IPC) or other laws can be tried by:
  • High Court.
  • Sessions Court.
  • Judicial Magistrate, as per their specific powers.

Section 27: Jurisdiction Over Juveniles

• Offenses committed by persons under 18 years of age are tried by Juvenile Justice Boards.

Section 28: Sentencing Powers

• Sessions Court: Can impose any sentence, including death (requires High Court confirmation).
• Magistrates:
  • Chief Judicial Magistrate: Up to 7 years imprisonment.
  • First-Class Magistrate: Up to 3 years imprisonment.
  • Second-Class Magistrate: Up to 1 year imprisonment.

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3. Special Jurisdictions

Section 185: Executive Powers of the State Government

• The State Government can direct in which court specific categories of cases are to be tried.

Section 186: High Courts’ Jurisdiction in Disputes

• High Courts resolve jurisdictional disputes between subordinate courts.

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4. Jurisdiction Over Place of Arrest (Section 183)

• If an accused is arrested in one jurisdiction but the offense occurred elsewhere, the trial may occur where the offense was committed, or as directed by the court.

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5. Jurisdiction in Case of Multiple Offenses (Section 220)

• A single trial may be conducted for multiple offenses if they are part of the same transaction.

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6. Transfer of Cases (Sections 406-407)

• Section 406: The Supreme Court can transfer cases between states.
• Section 407: High Courts can transfer cases between subordinate courts within the same state.

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7. Jurisdictional Challenges

• If an inquiry or trial is conducted without jurisdiction, it may be declared void unless expressly validated by law.

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8. Case Laws

1. Satvinder Kaur v. State (2003): Territorial jurisdiction in cases of matrimonial offenses includes the place where the wife resides.
2. Kartar Singh v. State of Punjab (1994): Clarified jurisdiction for cases involving terrorism.

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Conclusion

The CrPC’s provisions on jurisdiction ensure that criminal cases are adjudicated by the appropriate courts, thereby safeguarding procedural fairness and efficiency. Proper jurisdiction not only ensures the convenience of parties and witnesses but also upholds the rule of law and the integrity of the judicial process.