Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 203
Code:
When an offence is committed whilst the person by or against whom, or the
thing in respect of which, the offence is committed is in the course of performing a journey
or voyage, the offence may be inquired into or tried by a Court through or into whose local
jurisdiction that person or thing passed in the course of that journey or voyage.
Explanation:
When an offense occurs during a journey or voyage, courts can investigate or try the case based on the local jurisdiction the person or thing passed through. This means that if someone commits an offense while traveling, any court along their route has the authority to handle the investigation or trial.
Illustration:
Imagine a passenger train journey from Delhi to Mumbai. A theft occurs on the train in Uttar Pradesh. In this case, a court in Uttar Pradesh (where the offense occurred) or a court in Delhi or Mumbai (where the journey began or ended) would have jurisdiction to try the case.
Similarly, if a ship sails from India to another country and a crime takes place on board during the voyage, a court in India (where the ship originated) or a court in the country where the ship docked could have jurisdiction.
Common Questions and Answers:
- Q: Can only the court where the offense occurred try the case?
A: No, Section 203 expands the jurisdiction to include courts through whose jurisdiction the person or thing passed. It is during the journey or voyage. - Q: What if the journey or voyage crosses multiple jurisdictions?
A: In such cases, multiple courts could have jurisdiction, making it crucial to determine the most appropriate court. This is based on various factors like evidence, convenience, and the location of the accused.
