Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 203
Code: Section 203
Explanation: This section deals with the jurisdiction of courts in cases where an offense is committed during a journey or voyage. It states that if an offense is committed while the person involved in the offense or the thing in question is in the course of a journey or voyage, the offense can be investigated or tried by a court whose local jurisdiction the person or thing passed through during that journey or voyage.
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 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 based on various factors like evidence, convenience, and the location of the accused.
