Territorial Jurisdiction Under Bns
What is Territorial Jurisdiction?
Territorial jurisdiction refers to the geographic area within which a court or police authority can exercise its powers and authority. In criminal law and police matters, territorial jurisdiction is essential for determining:
Which police station or authority has the power to investigate a crime
Which court can try an offence
Where a complaint or FIR should be registered
Territorial Jurisdiction under the Bombay Police Act (BNS)
The Bombay Police Act, 1951 primarily governs police administration in the city of Mumbai and some adjoining areas.
The Act defines the jurisdiction of the Commissioner of Police and subordinate officers.
The Commissioner’s territorial jurisdiction generally extends to the limits of the police district as notified.
The Act empowers police officers to investigate offences committed within their territorial limits.
Section provisions in the Act may grant powers to police officers beyond their immediate jurisdiction in certain urgent cases or when authorized by the Commissioner.
Key Provisions Relating to Territorial Jurisdiction
Section 6: Appointment of Commissioner of Police for a specific area
Section 7: Powers and duties of the Commissioner within the limits of the police district
Section 22: Powers of police officers within their jurisdiction
Section 47: Power to investigate offences committed within territorial limits
Section 149: Powers to extend jurisdiction or conduct joint operations (if needed)
Important Points:
Police officers cannot normally exercise powers outside their territorial jurisdiction unless specifically authorized.
Offences committed outside the limits of a police district require the police of the concerned district to investigate.
Coordination between police districts is essential for multi-district offences.
⚖️ Case Law Illustrations on Territorial Jurisdiction under BNS and Police Powers
1. State of Maharashtra v. Damu Gopinath Shinde (1971)
Issue: Whether police officers have jurisdiction outside their territorial limits under Bombay Police Act.
Facts:
A police officer of Mumbai arrested an accused outside Mumbai limits.
Held:
The Supreme Court held that ordinarily police officers must operate within their territorial jurisdiction unless special authorization is granted. Unauthorized exercise of power outside jurisdiction is illegal.
Principle:
Police power is territorially limited; unauthorized action outside jurisdiction violates the Act.
2. State of Maharashtra v. Union of India (1969)
Issue: Territorial jurisdiction of the Commissioner of Police in Greater Bombay
Held:
The Bombay High Court held that the jurisdiction of the Commissioner of Police extends only to the limits of the police district as notified by the government.
Principle:
Commissioner’s jurisdiction is confined to legally defined limits and does not extend by implication.
3. Ramesh Chandra vs State of Maharashtra (2004)
Issue: Whether a FIR can be registered outside the territorial jurisdiction of the police station where offence occurred.
Held:
The Supreme Court ruled that FIR must be registered at the police station having territorial jurisdiction over the place where the offence occurred. However, if the aggrieved person approaches any police station, the police must record the FIR and then transfer it to the appropriate jurisdictional police station.
Principle:
First information can be lodged anywhere but investigation rests with territorial police.
4. Suresh Chand Jain v. State of Maharashtra (1986)
Issue: Validity of investigation conducted by police outside their jurisdiction.
Held:
Bombay High Court ruled that investigation by police outside territorial jurisdiction without authority is illegal and any evidence collected during such investigation is liable to be quashed.
Principle:
Police investigation must be confined to territorial jurisdiction unless authorized.
5. State of Maharashtra v. Shirish Ramchandra Ghorpade (1997)
Issue: Power of police officers to arrest persons outside their jurisdiction
Held:
The court held that police officers can arrest outside their jurisdiction only if a warrant has been issued or if the person is caught in flagrante delicto (caught red-handed).
Principle:
Arrest beyond jurisdiction without warrant or exigent circumstances is invalid.
Summary of Key Legal Principles on Territorial Jurisdiction under BNS:
| Case | Legal Principle |
|---|---|
| State of Maharashtra v. Damu Gopinath Shinde | Police powers limited to territorial jurisdiction unless specially authorized |
| State of Maharashtra v. Union of India | Commissioner’s jurisdiction confined to notified limits |
| Ramesh Chandra v. State of Maharashtra | FIR can be lodged anywhere, investigation by territorial police |
| Suresh Chand Jain v. State of Maharashtra | Unauthorized investigation outside jurisdiction is illegal |
| State of Maharashtra v. Shirish Ramchandra Ghorpade | Arrest outside jurisdiction valid only with warrant or flagrante delicto |
Conclusion
Territorial jurisdiction under the Bombay Police Act is strictly defined and limits police powers geographically to ensure proper accountability and rule of law. The courts have repeatedly held that police action outside the designated jurisdiction without proper authority is invalid and can jeopardize criminal proceedings.
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