CrPC Section 24
Detailed Explanation of CrPC Section 24
Section 24 of the Code of Criminal Procedure (CrPC), 1973 defines the territorial jurisdiction of the courts of Sessions and Magistrates in India. It clarifies which courts have authority to try offenses depending on the location where the offense took place or where its consequences are experienced.
Text of Section 24 (Summary):
"Every offense shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed, but when an offense is committed partly within and partly outside the local jurisdiction of a court, it may be inquired into and tried by a court within whose jurisdiction any part of the offense was committed."
(Note: This section is closely related to Section 19 but deals specifically with territorial jurisdiction of courts.)
Explanation:
Basic Principle - Local Jurisdiction:
The core idea is that a criminal offense should be tried by the court within the territorial limits where the offense was committed.
This ensures convenience and helps the court exercise proper control over witnesses, evidence, and proceedings.
When Offense is Committed in Multiple Jurisdictions:
If the offense is committed partly within one jurisdiction and partly in another, the trial may be held in the court where any part of the offense occurred.
For example, if a conspiracy or a continuing offense spans multiple areas, courts in any of those areas have jurisdiction.
Application to Sessions and Magistrate Courts:
Both Sessions Courts and Magistrate Courts must respect this territorial rule.
Sessions Courts typically handle more serious offenses, while Magistrate Courts handle less serious or preliminary matters. Both have jurisdiction defined territorially.
Significance of Territorial Jurisdiction:
Territorial jurisdiction is vital for upholding the principles of natural justice.
It prevents the accused from being tried in far-off places, reducing hardship and ensuring fairness.
It also helps the court effectively manage and scrutinize evidence and witnesses within its area.
Relation to Other Sections:
Section 24 works together with Section 19 (which deals with place of inquiry or trial) and Section 20 (which defines territorial jurisdiction of courts).
These sections collectively establish clear guidelines on where criminal cases can be tried.
Exceptions and Transfers:
Sometimes, courts or the government may transfer cases to another jurisdiction for reasons like:
Preventing bias,
Convenience of witnesses,
Public interest or security concerns.
Practical Examples:
If a robbery starts in District A and the loot is carried into District B, courts in either district can try the case.
If an assault occurs in one police station area but the injuries are discovered in another, courts in either area may have jurisdiction.
Summary:
Section 24 establishes that offenses should ordinarily be tried by courts within the territorial jurisdiction where the offense was committed.
If an offense spans multiple jurisdictions, courts in any of those places can try the case.
This provision safeguards fairness, convenience, and proper administration of justice.
It defines clear territorial limits for the jurisdiction of Sessions and Magistrate courts in India.
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