Code
When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.
Explanation
This section specifies that when an offence is committed on a journey or
voyage, the court having jurisdiction over the place where the journey or
voyage commenced or where it terminated, or where the accused person is found,
can try the case. This means that the court does not necessarily need to
have jurisdiction over the exact location where the offence took place.
For instance, if a crime occurs on a train travelling from Delhi to Mumbai,
the court in either Delhi or Mumbai could try the case. Similarly, if the
accused is found in Kolkata after committing the crime during the journey,
the Kolkata court can also assume jurisdiction.
Illustration
Imagine a passenger on a flight from Bangalore to Chennai assaults another
passenger during the flight. In this case, the court in Bangalore, Chennai,
or any other location where the accused is found, can try the case.
Common Questions and Answers
Q: What constitutes a “journey” or “voyage” for the purpose of this section?
A: This refers to any travel by land, water, or air,
including journeys by train, bus, ship, airplane, etc.
Q: What happens if the offence is committed in international
waters or airspace?
waters or airspace?
A: In such cases, the jurisdiction may be determined
by international law and treaties.
Q: Can the accused choose which court they want to be tried
in?
in?
A: No, the choice of the court lies with the
prosecution.
