The jurisdiction of criminal courts in inquiries and trials under the Code of Criminal Procedure (CrPC) 1973 is determined by several factors, including the nature and seriousness of the offense, the location of the offense, and the hierarchy of the courts. Here’s a general overview of the jurisdiction of criminal courts in India under the CrPC:
Jurisdiction of Magistrate Courts:
- First Class Judicial Magistrate: This court typically deals with minor offenses and has limited sentencing powers.
- Second Class Judicial Magistrate: They have jurisdiction over offenses punishable with imprisonment up to one year.
- Chief Judicial Magistrate: They have control over subordinate judicial magistrates within the district.
- Additional Chief Judicial Magistrate: They assist the Chief Judicial Magistrate.
- Special Judicial Magistrate: These magistrates can be appointed for specific cases or areas.
Jurisdiction of Sessions Courts:
- Sessions Courts handle more serious offenses and have the authority to impose more extended sentences.
- The Sessions Court has original jurisdiction over offenses for which the punishment is more than seven years of imprisonment.
Jurisdiction of High Courts:
- High Courts have original jurisdiction in cases involving high-ranking public officials, inter-state disputes, and constitutional matters.
- They also have appellate jurisdiction, hearing appeals from lower courts.
Jurisdiction of the Supreme Court:
- The Supreme Court has jurisdiction over cases involving substantial questions of law or cases of national importance.
- It primarily functions as an appellate court, hearing appeals from the High Courts and other tribunals.
Specialized Courts:
- In some cases, specialized courts like the Special Court for CBI cases, Juvenile Justice Boards, and Family Courts may have jurisdiction over specific types of cases.
Territorial Jurisdiction:
- The location where the crime occurred determines the territorial jurisdiction of the court. The court within whose jurisdiction the offense was committed generally has the authority to conduct the inquiry and trial.
Transfer of Cases:
- Under Section 406 of the CrPC, cases can be transferred from one court to another for various reasons, such as ensuring a fair trial or due to other exceptional circumstances.
| Section | Title of Section | Description |
|---|---|---|
| Section 178 | Place of inquiry and trial | Specifies that every offense shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. |
| Section 179 | Offense committed on a journey | Describes situations when an offense is committed on a journey, and the jurisdiction in such cases. |
| Section 180 | Place of trial for offenses committed outside India | Explains the jurisdiction for offenses committed outside India but triable in India. |
| Section 181 | Place of trial for abetment or conspiracy | Deals with the venue for the trial of abetment or conspiracy in cases where the acts are committed in different local areas. |
| Section 182 | Offenses committed on the boundaries of jurisdictions | Covers offenses committed on the boundaries of two or more jurisdictions and their place of trial. |
| Section 183 | Venue for trial when local jurisdiction cannot be determined | Explains the process of determining the venue for trial when the local jurisdiction cannot be ascertained. |
Case Laws on Jurisdiction
I can provide a few notable case laws related to Sections 178 to 183 of the Code of Criminal Procedure, 1973, which deal with the place of inquiry and trial. These cases help interpret and apply these provisions in practice:
State of Punjab v. Amar Singh (AIR 1953 SC 459):
- In this case, the Supreme Court held that for the purpose of Section 178 of the CrPC, the local jurisdiction in cases of theft would be where the stolen property was found or where the accused was apprehended. This case clarified the determination of local jurisdiction in theft cases.
Bhadresh Bipinbhai Sheth v. State of Gujarat (2015 SCC Online Guj 977):
- This case emphasized the importance of determining the correct jurisdiction under Section 178 of the CrPC. It clarified that if a crime occurred in one jurisdiction but the consequences were felt in another jurisdiction, the courts in the jurisdiction where the consequences occurred would have jurisdiction.
State of Rajasthan v. Kalki (AIR 1981 SC 1390):
- In this case, the Supreme Court discussed the application of Section 179 of the CrPC. It was held that when a crime was committed on a moving train, the place where the train first entered the local area would be the place of jurisdiction for the trial.
Hardeep Singh v. State of Punjab (2014 SCC Online P&H 10510):
- This case dealt with the application of Section 180 of the CrPC, specifically regarding offenses committed outside India but triable in India. It highlighted the need to determine the jurisdiction based on the nature of the offense and the accused’s nationality.
Gomathi Nayagam v. Directorate of Enforcement (2016 SCC Online Mad 14013):
- This case discussed Section 183 of the CrPC, which pertains to the venue for trial when local jurisdiction cannot be determined. It emphasized that the court should make every effort to determine the jurisdiction and not dismiss the case merely because the local jurisdiction is not readily apparent.
Offence committed outside India
“188. Offense committed outside India.
(1) When an offense is committed outside India-
(a) by a citizen of India, whether on the high seas or elsewhere; or
(b) by a person, not being such citizen, on any ship or aircraft registered in India,
he may be dealt with in respect of such offense as if it had been committed at any place within India at which he may be found.
(2) Notwithstanding anything in any of the preceding sections of this Chapter, no such offense shall be inquired into or tried in India except with the previous sanction of the Central Government.”
In summary, Section 188 of the CrPC allows Indian courts to have jurisdiction over offenses committed outside India under certain conditions:
- If the offense is committed by a citizen of India, regardless of whether it occurs on the high seas or elsewhere.
- If the offense is committed by a person who is not a citizen of India but occurs on a ship or aircraft registered in India.
