Section 179 CrPC: Offence Trial Location – Act or Consequence

This section outlines the jurisdiction of a court in India to try an offence based on where the act or the consequence of the offence occurred.

1. The Code

Section 179 of the Code of Criminal Procedure, 1973 states:

“Subject to the provisions of this Code, every offence shall be inquired into and tried by a Court within whose local jurisdiction it is committed or which is otherwise empowered by law to try it.”

2. Explanation

Section 179 CrPC essentially states that a crime will be tried by a court that has jurisdiction over either:

• The place where the crime was committed (where the act took place) or
• The place where the consequence of the crime occurred. This could be where the victim was injured, or where property was damaged or stolen.

This section is based on the principle of “locus standi” (Latin for “place of standing”) which means that a court has jurisdiction over a case if the crime happened within its territorial limits.

3. Illustration

Consider the following examples:

• A person commits theft in Delhi and is caught in Mumbai. The trial can be conducted in either Delhi (where the theft took place) or Mumbai (where the accused was apprehended).
• A person in Kolkata makes a fraudulent online transaction and the victim is in Bangalore. The trial can be held in either Kolkata (where the act of fraud occurred) or Bangalore (where the consequence of the fraud was experienced).

4. Common Questions and Answers

Q: What happens if a crime is committed across multiple jurisdictions?

A:

In such cases, the trial can take place in any of the jurisdictions where the crime was committed or where the consequence of the crime occurred. The prosecution will need to choose the jurisdiction where they believe they have the strongest case.

Q: Can a court transfer a case to another jurisdiction?

A:

Yes, the High Court can transfer a case to another jurisdiction under specific circumstances, such as when the original court is deemed unable to provide a fair trial or when the ends of justice require the transfer.