JURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRIALS

This article is written by Syed Sulthana of Sri Padmavati Mahila Visvavidyalayam, Tirupati, an intern under Legal Vidhiya

ABSTRACT

We must have encountered a situation in which we went to the police station to file a complaint. In most cases, we file a complaint with the local police station. Have you considered filing a complaint at a police station that is not in your area? The police would advise filing the complaint at the local police station rather than far away because it is not within their jurisdiction. What does this jurisdiction imply? Do courts also have jurisdiction, or can they hear cases from any state? In this article, we will discuss the jurisdiction of criminal courts in inquiries and trials, as well as the relevant provisions.

KEYWORDS

Jurisdiction, court, trial, inquiry, magistrate, offence

INTRODUCTION

To minimize undesirable turmoil, precise delineation of the area of work and allocation of power is essential in any organized working organisation. Jurisdiction is defined as the extent to which a specific authority may exercise its authority in carrying out its responsibilities. It explains each court’s authority, the scope of their powers, and their competency to hear a matter. The Indian Constitution established various types of jurisdictions that various authorities may wield. The local jurisdiction of a court for the hearing and broad procedural norms are explored.

A case may be transferred for a variety of reasons, including expedited disposition, competency of a court, favouring the true interests of the parties, protecting the rightful rendering of justice, and so on. Chapter XIII (SECTIONS 177 – 189) of this code deals with the jurisdiction of criminal courts in investigations and trials.

INQUIRY

Section 2(g) defines an inquiry as any request other than a trial that is investigated by a Magistrate or Court. That is, any inquiry that does not fall under the definition of trial and is investigated by either a Magistrate’s Court or any other Court authorized under the Code of Criminal Procedure. This refers to and covers all proceedings before the filing of charges. It can be done by a Magistrate or in front of a Court. These processes conclude in neither conviction nor acquittal. It can only result in discharge or trial commitment. It refers to anything done before the start of the trial. The trial begins and the investigation stops. The goal of the investigation is to determine whether or not the allegations are credible.

Types of inquiry

According to the 1973 Code of Criminal Procedure, there are six types of inquiries:

1. Judicial inquiry: Inquiry was conducted in a matter of public concern by a Judge appointed by the government.
2. Non-judicial inquiry: A non-judicial inquiry, also known as an administrative inquiry, is any investigation that is not conducted to enforce the law.
3. Preliminary inquiry: A preliminary inquiry is an investigation conducted before the trial to determine the criminal nature of the offence or whether the trials should begin or not.
4. Local inquiry: Section 148 of the Criminal Procedure Code deals with local inquiries and states that the magistrate may appoint any subordinate magistrate to conduct a local inquiry. The magistrate may also issue instructions for the investigation and for the subordinate magistrate’s guidance.
5. Inquiry into an offence: An investigation into an offence can never result in a conviction or acquittal. The investigation into the offence serves only to lay the groundwork for the trial. The investigation of the offence is related to general information about the offence committed.
6. Inquiry into a matter other than an offence: It includes any inquiry based on matters other than the offence, such as general inquiries or any other inquiry that excludes the specific offence.

INQUIRY V/S TRIAL

The following are two significant differences between an inquiry and a trial under the code:

Trial	Inquiry
Trial is a judicial proceeding that  must result in conviction or acquittal. A trial presumes the commission of an offence. Trial is a judicial proceeding where a tribunal or court involves. Trial comes after the Inquiry.	Inquiry may have a variety of outcomes depending on the circumstances of the case. Here the accused will neither be convicted or acquitted. Inquiry not only deals with offences. Inquiries are made in disputes over immovable property, public nuisance etc Inquiry includes other than trial conducted by the magistrate or court. Inquiry is conducted before trial

 LOCAL JURISDICTION

It is defined in Section 2(j) as the local jurisdiction within which a court or Magistrate can exercise all or any of its powers under the Code of Criminal Procedure.

TRIAL

When the inquiry stage concludes, the trial begins. It is the most crucial and third stage of a legal procedure. It is the procedure by which the guilt or innocence of a person is determined. Certain factors must be made before the proceedings begin, according to Section 190 of the CrPC. The trial is part of the procedures in which witnesses are examined. Furthermore, the judicial tribunal determines the cause, and it is finished by either the conviction or acquittal of the accused individual.

Certain kinds of Trials

The trials were separated into four groups, each with its own set of approaches and processes.

1. Session trial
2. Trial on a warrant
3. The summons trial
4. Summary trial

JURISDICTION OF CRIMINAL COURTS IN TRIALS AND INQUIRY

Section 177 – According to section 177, the Court whose jurisdiction the offence was committed has only the authority to investigate and try the case.

Section 178 deals with situations in which the offence was committed in more than one location, or when the location of the offence is unknown because it was committed in several locations.

1. When an offence is committed in part in one locality and the rest in another.
2. When the offence consists of multiple acts committed in different localities.
3. If any of the preceding conditions are met, the offence may be investigated or tried by a Court with jurisdiction over any of such local areas.

Section 179: Triable Where Act Is Committed Or Consequences:

It states that if an act is an offence for any reason and is committed in one location but its consequences occur in another, the offence may be investigated or tried by any court within whose local jurisdiction the offence was committed or the consequence occurred.

 Illustration– A was hit by a vehicle in Kurnool and died in a Hyderabad hospital. The crime was committed in Kurnool, but the punishment, death, was carried out in Hyderabad. Section 179 allows any court in either jurisdiction to investigate or try the offence.

Section 180: Trial location when an act is an offence because of its relationship to another offence:

It states that if an act is an offence because of its connection with another offence or would be an offence if the doer is capable of committing that offence, the first mentioned offence may be investigated or tried by any court within whose local jurisdiction the offence was committed.

Illustration:

A charge of abetment may be investigated or tried in the court where the abetment occurred or where the offence was committed through abetment. A charge of receiving stolen goods may be investigated or tried in the location where the goods were stolen or in the location where the goods were received or retained dishonestly.

Section 181 specifies the conditions for certain offences.

1. Section 181(1) states that the trial can begin anywhere the accused is found, not just where the crime was committed. Section 181(1) discusses the offences when they are not committed in a single location. It addresses the following scenarios.
2. Thug or murder committed while performing the act of thug, dacoity, or dacoity with murder, and so on- where the offence is committed or the accused is found.
3. A person’s kidnapping or abduction- the location from which the person was kidnapped/abducted, or where the person was concealed, conveyed, or detained.  
4. Theft, extortion, or robbery – the Court has jurisdiction to try such a case where the offence was committed or where the stolen property is possessed, received, or delivered.
5. Criminal misappropriation or criminal breach of trust- where the offence was committed or where the accused received or retained property that was required to be returned or accounted for.

However, the above section deals with offences committed while the offender is travelling, as evidenced by the nature of the offences specified in this section.

Section 182- Letter-based offences

It states that an offence involving cheating committed through the use of letters or telecommunication messages may be investigated or tried in a court from where such letters or messages were sent or received, or if an offence of dishonesty inducement for the delivery of property exists, it may be investigated or tried in a court from where the property was delivered by the deceived person or was received by the accused.

Any offence punishable under sections 494 and 495 of the Indian Penal Code, 1860, may be investigated or tried in the court where the offence was committed or where the offender last resided with his/her companion by first marriage or wife by first marriage after the commission of the offence.

Section 183 deals with offences committed during a journey or voyage. 

When a person commits an offence while travelling or against a travelling person, or the thing in respect of which the offence has been committed is in the course of its journey or voyage, the offence must be investigated or tried by a Court through or into whose local jurisdiction that person or thing has passed during the journey.

Section 184: There are two possibilities for the location of trial for offences that can be tried together.

1. When any person commits offences for which he may be charged and tried at one trial under the provisions of section 219, section 220, or section 221 of the criminal procedure code.
2. When the offences or offences have been committed by several people in such a way that the Court may charge and try them all together under Section 223.

In either case, the Court with jurisdiction to investigate and try such cases will do so.

Section 185: the power to order cases to be tried in different session divisions

Section 185 deals with the power of the State Government, which allows it to direct that any case or class of cases committed for trial in any district be tried in a sessions court. It must ensure that such direction is not inconsistent with any other Superior Court’s previous orders, as required by the Constitution, or as specified in the Code of Criminal Procedure or any other law currently in force.

Section 186 addresses the situation in which two or more courts have taken cognizance of a specific offence and there is confusion as to which of the Courts shall inquire into or try that offence; in such a case, only the High Courts have the authority to resolve the confusion. The following are the criteria for resolving such issues.

1. If the same High Court oversees all of the courts involved, then that High Court
2. If the same High Court does not supervise the courts involved, the High Court that initiated the proceedings will act as an appellate criminal court. Following that, all other proceedings relating to that offence will be dropped.

Section 187- Power to issue summons or warrants for offences committed outside the jurisdiction of the court:

When a first-class Magistrate has reason to believe that a person living within his local jurisdiction has committed an offence (which is not investigated or tried under the provisions of Sections 177 to 185, both inclusive) outside his jurisdiction (within or outside India), such Magistrate may investigate the offence in the same manner as the offence was committed within his jurisdiction.

If more than one first-class magistrate has such jurisdiction, the case will be heard by the High Court, which will decide the jurisdiction.

Section 188 deals with the conditions that apply to offences committed outside the territory of India. This section applies when an offence is committed outside India- by an Indian citizen, whether on the high seas or elsewhere- by a person who is not such a citizen on any ship or aircraft registered in India

Such a person may be treated concerning the offence as if it had been committed anywhere in India and wherever he may be found.

The provision to this section states that no such offence shall be investigated or tried in India without prior approval from the Central Government. The most important aspect of the preceding provision is the place where the offence has been committed.

Section 188 specifically addresses the situation in which the offence is committed outside of India. These offences must be considered to have been committed in India if committed by an Indian citizen, on the high seas, or anywhere else. Also, when the offender is not an Indian citizen but is travelling in an Indian aircraft or ship.

When the provisions of Section 188 apply, the Central Government may, if it sees fit, direct that copies of depositions or exhibits given to a judicial officer or before an Indian diplomatic or consular representative in or for that territory be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence on the matters to which such depositions or exhibits relate.

Sections 188 and 189 should be read simultaneously. They proceed on the assumption that a fugitive is present in India and can be located anywhere in India. The Court must find the accused, and the finding must be made where the accused appears. It is clear from the preceding section that the accused cannot be located through a simple complaint or by the Police.

Furthermore, it is nearly impossible for a victim of an offence committed outside India to travel to India to locate the accused and then approach the court. The balance of convenience is stacked in favour of such a victim. As a result, all of these considerations were taken into account when drafting Sections 188 and 189 of the Code of Criminal Procedure. The victim has been granted the right to approach any Court in India at his leisure and file a case in respect of the offence committed against him by an Indian abroad.

CONCLUSION

The location of the offence and the location of the inquiry aren’t always the same. It is determined by the circumstances surrounding the commission of the offence. Sections 177 to 189 of the Cr.P.C. cover almost every possible scenario in which an offence can be committed. However, under normal circumstances, a Court will only investigate offences committed within its jurisdiction.

However, there are some cases where the Court takes cognizance of offences committed outside their jurisdiction, where an offence is tried by more than one Court, where an offence is committed by an Indian citizen in a foreign country, and so on. Because such cases are explicitly addressed in the CRPC, the Court shall begin proceedings only after referring to the CRPC.

References:

1. The Code of Criminal Procedure, 1973.
2. The Code Of Criminal Procedure by Justice YV Chandrachud and VR Manohar- Ratanalal and Dheeraj Lal- 16th edition 2002.
3. https://blog.ipleaders.in/jurisdiction-criminal-courts-india/ last visited on October 27 2023
4. https://www.legalserviceindia.com/legal/article-6032-jurisdiction-of-criminal-courts-in-inquiries-and-trial.html#:~:text=It%20depends%20upon%20the%20circumstances,are%20committed%20within%20their%20jurisdiction. last visited on October 27 2023

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