Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 201
Code: Section 201 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the jurisdiction of courts in various offenses. It specifies the geographical area within which a court has the authority to investigate and try a specific offense.
Subsections:
- Subsection (1): Offenses of dacoity (robbery with violence), dacoity with murder, being part of a dacoit gang, and escaping from custody can be investigated and tried by a court where the offense occurred or where the accused person is found.
- Subsection (2): Offenses of kidnapping or abduction can be investigated and tried by a court where the victim was kidnapped or abducted, or where the victim was conveyed, concealed, or detained.
- Subsection (3): Offenses of theft, extortion, and robbery can be investigated and tried by a court where the offense occurred or where the stolen property was possessed by the offender, or where the stolen property was received or retained by someone knowing or having reason to believe it was stolen.
- Subsection (4): Offenses of criminal misappropriation or criminal breach of trust can be investigated and tried by a court where the offense occurred or where any part of the misappropriated or breached property was received, retained, or was required to be returned or accounted for by the accused person.
- Subsection (5): Offenses involving possession of stolen property can be investigated and tried by a court where the offense occurred or where the stolen property was possessed by someone who received or retained it knowing or having reason to believe it was stolen.
Illustration:
- Example 1: If someone commits dacoity in Delhi and is later apprehended in Mumbai, the trial can take place in either Delhi (where the crime occurred) or Mumbai (where the accused was found).
- Example 2: If someone kidnaps a child from Kolkata and takes them to Bangalore, the trial can occur in either Kolkata (where the child was kidnapped) or Bangalore (where the child was taken and kept).
Common Questions and Answers:
- Q: Can a person be tried for an offense in multiple jurisdictions under Section 201?
A: No, a person can only be tried in one jurisdiction. The court with the most relevant connection to the offense will usually be chosen. - Q: What happens if an offense spans across multiple jurisdictions?
A: The court with the most relevant connection to the offense will be chosen. - Q: Can a court transfer a case under Section 201 if the offense was committed in a different jurisdiction?
A: Yes, courts have the power to transfer a case to a more appropriate jurisdiction under specific circumstances.
