Code:
When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.
Explanation:
This section deals with the jurisdiction of courts in cases where an offence is committed due to its connection with another offence, or where the act would have been an offence if the perpetrator was capable of committing an offence.
The section states that if an act is an offence because of its relation to another act, which is also an offence or would be an offence if the person was capable of committing it, then the first offence can be investigated or tried by a court within whose jurisdiction either of these acts was committed.
Illustration:
Suppose ‘A’ steals a car in Delhi and drives it to Mumbai. In this case, the act of stealing the car in Delhi is an offence, and driving it to Mumbai is also an offence, as it’s connected to the theft. According to Section 200, a court in either Delhi or Mumbai can investigate or try ‘A’ for the offence of theft, as the act of theft occurred in Delhi and the act of driving the stolen car occurred in Mumbai.
Common Questions and Answers:
- Q: What if the person committing the offence is not capable of committing an offence (e.g., a minor)?
- A: The section still applies, as long as the act would have been an offence if the person were capable. The court can investigate or try the offence even if the person is not capable of committing an offence.
- Q: Does the section apply to all types of offences?
- A: Yes, this section applies to all offences, including both criminal and civil offences.
- Q: What happens if the two acts occurred in different jurisdictions?
- A: In such a case, the court with jurisdiction over either act can investigate or try the offence. However, it is important to note that the prosecution might choose to proceed in the jurisdiction. The place has serious offence occurred.
