Section 177 CrPC: Ordinary Place of Inquiry and Trial
This section of the Code of Criminal Procedure (CrPC) deals with the jurisdiction of courts in India regarding criminal cases. It primarily addresses where an inquiry or trial should take place.
1. Code:
Section 177 CrPC states:
“Subject to the provisions of this Code, every inquiry or trial shall be held by a Court within whose local jurisdiction the offence is alleged to have been committed, or within whose local jurisdiction the offender is found.”
2. Explanation:
- Where Offence Allegedly Occurred: The primary rule is that the inquiry or trial will be conducted by a court in the area where the crime is said to have taken place.
- Where Offender is Found: If the crime’s location is unknown or if the accused is found in a different area, the court in that location has jurisdiction.
- Subject to Code Provisions: This section is subject to other provisions within the CrPC, meaning there are exceptions and scenarios where the jurisdiction might vary.
3. Illustration:
Imagine a theft case where the accused, residing in Delhi, steals a car in Mumbai and is later caught in Kolkata. The following possibilities could occur:
– The trial could be conducted in Mumbai (where the theft took place).
– The trial could be conducted in Kolkata (where the accused was apprehended).
– The court in Delhi might also have jurisdiction under certain circumstances.
4. Common Questions and Answers:
Q. What if the crime occurred in multiple locations?
The court with jurisdiction will be the one where the main part of the offence occurred.
Q. Can the accused request a trial in a different location?
Yes, but the court will consider factors like the accused’s convenience, witness availability, and the nature of the crime.
Q. Does this section apply to all crimes?
Yes, but there are specific exceptions mentioned in the CrPC.
