BNSS Section 197: Jurisdiction of Courts
Code: Section 197, Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section establishes the general principle of territorial jurisdiction in criminal cases. It states that, as a rule, an offense should be investigated and tried by the court within whose territorial jurisdiction the offense was committed.
Illustration:
A person residing in Delhi commits theft in Mumbai. The theft occurred in Mumbai, therefore, the court in Mumbai has jurisdiction over the case, not the court in Delhi. The accused will be tried in Mumbai.
Common Questions and Answers:
- Q: What does “ordinarily” mean in this context?
A: It implies that there may be exceptions to this general rule. For example, if the offense involves multiple jurisdictions or if the accused is apprehended in a different jurisdiction. - Q: How is “local jurisdiction” defined?
A: The territorial boundaries of a particular court are considered its local jurisdiction. This can vary based on the court’s level (e.g., magistrate, sessions court, high court). - Q: Are there any circumstances where a court can try an offense outside its local jurisdiction?
A: Yes, there are several exceptions to this rule. For instance, if the offense is committed on a moving vehicle or aircraft, or if the offense involves a crime committed against a person in one jurisdiction but with intent formed in another jurisdiction.
