Section 198 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Place Of Inquiry Or Trial.

Code:

(a) When it is uncertain in which of several local areas an offence was
committed; or

(b) where an offence is committed partly in one local area and partly in another; or

(c) where an offence is a continuing one, and continues to be committed in more j
areas than one; or

(d) where it consists of several acts done in different local areas,
it may be inquired into or tried by a Court having jurisdiction over any of such local areas

Explanation:

This section deals with the jurisdiction of courts when an offence is committed across multiple local areas. It outlines various scenarios and clarifies that a court having jurisdiction over any of these local areas can investigate or try the offence.

(a) Uncertainty of offence location: When it’s unclear which specific local area witnessed the offence, any court having jurisdiction over any of the possible areas can handle the case.

(b) Offence committed partially in multiple areas: If the offence spans across multiple local areas, any court having jurisdiction over any of those areas can investigate and try the case.

(c) Continuing offence: For ongoing offences that continue in different local areas, any court with jurisdiction over any of the areas where the offence occurred can investigate and try the case.

(d) Offence involving multiple acts in different areas: When an offence involves several actions performed in various local areas, any court with jurisdiction over any of those areas can investigate and try the case.

Illustration:

Imagine a person starts a riot in one town and continues to spread violence into a neighbouring town. The offence, being a continuing offence, extends across two local areas. According to Section 198, either a court in the first town or the court in the second town can investigate and try the case.

Common Questions & Answers:

• Q: What if the offence is committed entirely online?
• A: This scenario may require specific legal interpretation based on the digital nature of the offence. The BNSS might not explicitly cover online offences, necessitating further legal analysis.
• Q: Does this section override the principle of territorial jurisdiction?
• A: No, this section supplements the principle of territorial jurisdiction. It provides flexibility in cases where an offence crosses local area boundaries. The court chosen will still need to have jurisdiction over at least one part of the offence.