Code:
(1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.
(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which isthe subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.
(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.
(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
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.
