Section 26 CrPC: Courts of Trial for Offences
1. The Code: Section 26 of the Code of Criminal Procedure, 1973 (CrPC) deals with the jurisdiction of courts in India to try offences.
2. Explanation:
- This section lays down the general principle that offences will be tried by the courts within whose territorial jurisdiction the offence is alleged to have been committed.
- It states that a Court of Session shall try all offences except those which are exclusively triable by a Magistrate.
- A Magistrate of the First Class shall try all offences which are not exclusively triable by a Magistrate of the Second Class, and a Magistrate of the Second Class shall try all offences which are not exclusively triable by a Magistrate of the Third Class.
- The section further provides that offences can also be tried by a court of a higher jurisdiction, even if they fall within the jurisdiction of a lower court.
3. Illustration:
- If a theft occurs in Delhi, the offence can be tried by a court in Delhi. However, if the accused is apprehended in Mumbai, the court in Mumbai can also try the offence, as it has jurisdiction over the person of the accused.
4. Common Questions and Answers:
- Q: What happens if an offence is committed across multiple jurisdictions?
- A: The court having jurisdiction over the place where the major part of the offence was committed or where the offender was apprehended, or where the accused is residing, will have jurisdiction to try the offence.
- Q: Can a court try an offence if it was not committed within its territorial jurisdiction?
- A: Yes, if the accused is apprehended within the court’s jurisdiction, or if the court is a higher court than the one that would ordinarily have jurisdiction.
