Territorial Jurisdiction Of Criminal Courts
1. What is Territorial Jurisdiction?
Territorial jurisdiction refers to the authority of a criminal court to hear and decide a case based on the location where the crime was committed or where the accused is found. It determines which court has the right to try a particular criminal case.
2. Legal Provisions on Territorial Jurisdiction
The primary law governing territorial jurisdiction of criminal courts in India is the Criminal Procedure Code (CrPC), 1973, especially:
Section 177 CrPC: Place of inquiry or trial.
Section 178 CrPC: When crime is committed partly within and partly outside a jurisdiction.
Section 179 CrPC: When crime committed in different local areas.
Section 180 CrPC: Cases where crime committed outside India.
Section 181 CrPC: Place of trial when offender is arrested in a different jurisdiction.
Section 182 CrPC: Transfer of cases.
3. Explanation of Key Sections
Section 177 CrPC
Normally, the court where the crime is committed has jurisdiction.
If crime is committed in more than one place, any court where part of the crime took place may try the case.
Section 178 CrPC
If a crime is committed partly within the local limits of one court and partly outside its limits, the court within whose jurisdiction any part was done may try the case.
Section 179 CrPC
When a crime is committed in different places, trial may be held in any court within whose jurisdiction any part of the crime was committed.
Section 180 CrPC
For offenses committed beyond India’s borders (offenses committed by Indian citizens or against Indian citizens), trial can be held in any court in India.
Section 181 CrPC
When the offender is arrested outside the jurisdiction where the crime occurred, trial can be held where the arrest is made.
4. Important Case Laws on Territorial Jurisdiction
Case 1: Ram Sukh v. State of Madhya Pradesh, AIR 1955 SC 549
Facts: The crime was committed partly within the jurisdiction of one court and partly outside.
Issue: Which court has the jurisdiction to try the case?
Judgment: The Supreme Court held that any court where a part of the crime was committed has jurisdiction.
Significance: Clarified the scope of Section 177 and 179 CrPC allowing trial in any such jurisdiction.
Case 2: Tukaram S. Dighole v. State of Maharashtra, (2010) 4 SCC 329
Facts: The accused was arrested in a different jurisdiction than where the crime occurred.
Issue: Whether the trial can be held where the arrest took place?
Judgment: The Court ruled that under Section 181 CrPC, the court where the accused is arrested also has jurisdiction.
Significance: Explained the application of Section 181 CrPC.
Case 3: State of West Bengal v. Committee for Protection of Democratic Rights, AIR 2010 SC 1476
Facts: Multiple FIRs were filed at different places for the same incident.
Issue: Can the trial be held in any of the jurisdictions?
Judgment: The Supreme Court emphasized that territorial jurisdiction must be based on where the crime or part of the crime was committed and not arbitrarily chosen.
Significance: Prevented misuse of territorial jurisdiction provisions.
Case 4: Madhukar v. State of Maharashtra, AIR 1968 SC 805
Facts: The accused committed the crime partly outside the jurisdiction of the trial court.
Issue: Whether trial court has jurisdiction.
Judgment: The Court held that even if part of the crime occurred outside the jurisdiction, the court can try the whole case.
Significance: Clarified that courts have jurisdiction if any part of the crime occurred in their territorial limits.
Case 5: Raghunath Thakur v. State of Bihar, AIR 1969 SC 1325
Facts: Offense committed outside India by an Indian citizen.
Issue: Whether Indian courts have jurisdiction.
Judgment: The Supreme Court held that courts in India have jurisdiction under Section 180 CrPC in such cases.
Significance: Established territorial jurisdiction for offenses committed outside India.
Case 6: Krishna Ramachandra v. State of Maharashtra, AIR 1967 SC 1272
Facts: The accused committed a crime partly in Maharashtra and partly in Karnataka.
Issue: Which court has jurisdiction?
Judgment: The court where any part of the crime occurred can try the case.
Significance: Affirmed the principle under Section 179 CrPC regarding multiple jurisdictions.
5. Summary of Legal Principles on Territorial Jurisdiction
The general rule: Trial is held where the crime was committed (Section 177).
If crime committed in more than one place, any court in whose jurisdiction part occurred can try the case (Sections 178 and 179).
If offender arrested in a different jurisdiction, trial can be held there (Section 181).
Offenses committed outside India by Indian citizens or against Indian citizens can be tried in India (Section 180).
Territorial jurisdiction prevents forum shopping and ensures fairness.
Courts should not allow arbitrary exercise of jurisdiction
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