Professional Documents
Culture Documents
Acknowledgement
I would like to that Dr. Sangita Bhalla for giving me this
opportunity to work on this project and to present my views
on the same.
CONTENTS
1. Introduction
2. Basic rule regarding place of inquiry and trial
3. Rules to cover cases where Basic rule is difficult to apply
(i)
(ii)
(iii)
(iv)
Introduction
The basic rule in the context of local jurisdiction is contained in
section 177 which provides that ordinarily every offence is to be
inquired is to be taken into or to be tried by a court within whos local
jurisdiction it was committed. The jurisdiction of a police officer to
investigate a case would depend upon a large number of factors
including those contained in section 177, 178 and 181 CrPc. It is
interesting to note that same principal has been adopted by our
courts in granting anticipatory bail. As early in 1994 the Punjab
Haryana High Court in Harjit Singh v. union of India opined that
anticipatory bail can be granted by high court having territorial
jurisdiction over the place of commission of offence. The supreme
court of india also , of late, seems to favour this view.
The subsequent sections namely Sections 178 to 186 and Section
188, considerably enlarge the ambit of the local jurisdiction in
which the enquiry or trial of the offences might take place. This is
intended to minimise the inconvenience that might be caused by the
strict adherence to the basic rule incorporated in Section 177.
Continuing offence
Where an offence is a continuing one, and continues to be
committed in more than one local areas it can be tried y courts
having jurisdiction over any of them.
A conspiracy to commit an offence has been treated as a continuing
offence. Travelling without passport is also a continuing offence.
BIBLIOGRAPHY
1) R.V. Kelkars Criminal Procedure
2) www.manupatra.com
3) www.lawyer-forum.org