Exceptions to the provisions of the Code of Criminal Procedure, 1973 concerning the place of Trial in criminal cases

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There are some exceptions to the general rule that an offense should generally be inquired into and tried by a court in whose jurisdiction its commission was done, which can be summarized as follows: –

Trial where the act is performed or the consequence ensues

When an act is an offense because of all that has been done and a consequence which has resulted from it, the offense may be enquired into or tried by a court in the regional jurisdiction in which such a thing was committed or a such consequence has occurred.

Place of trial where act constitutes an offense because of a connection to another offense

Where an act is an offense because of its relationship to any other act which is also an offense or which would constitute an offense if the perpetrator were able to commit an offense, the first offense mentioned may be enquired into or tried by a court in whose regional jurisdiction either act has been done.

Place of trial in relation to certain offences

  • Any offense of being a thug, or murder by a thug, of dacoits with murder, of belonging to a dacoit gang, or of escaping custody may be inquired into or tried by the court in the regional jurisdiction of which the offense was committed or the accused is found.
  • Any offense of abduction or kidnapping of a person may be inquired into or tried by a court within whose regional jurisdiction the person was kidnapped or abducted or transferred, concealed or detained.
  • Any offense of  robbery, theft or an extortion may be inquried into or tried by a court in the regional jurisdiction in which the offense was committed or the stolen property that is the subject of the offense was possessed by anyone who committed or by anyone who committed it or by anyone who has received or kept such property even after having knowledge that it is stolen property.
  • Any offense of embezzlement or criminal breach of trust may be the subject of an enquiry or trial by a court in whose regional jurisdiction the offense was committed or any property in part that was subject of the offense was obtained or kept or was required to be accounted or returned, by an accused person.
  •  Any offense that includes possession of stolen goods may be inquired into or tried by a court in the regional jurisdiction in which the offense was committed or the stolen goods were possessed by anyone who received or kept them with a knowledge that they have been stolen property.
  • Any offense which constitutes an act of cheating may, if the deceit has been practiced by way of the messages or letters, be inquired into or tried by any court in the regional jurisdiction from which such letters or messages were sent or have been received and any breach of cheating and dishonesty, including the transfer of property may be inquired into or tried by a court in whose regional jurisdiction the property was transferred by the person deceived or was obtained by an accused.
  • Any offense punishable under section 494 or section 495 of the Indian Penal Code of 1860 may be inquired into or tried by a court in whose regional jurisdiction the offense was committed or the offender last lived with his/her spouse by 1st marriage, or the 1st marriage’s wife took up permanent residence after the commission of the offenses by her husband.
  • When an offense is committed while the person by or against whom, or the thing in respect of which the offense is committed is while traveling or in the course of performing a voyage, the offense may be inquired or tried by the court through or into whose regional jurisdiction that the person or thing passed during that trip, voyage or the journey.
  • When the offenses committed by a person are such that they can be tried at one trial for each of these offenses under the provisions of Section 219, 220 or Section 221 or the Code of Criminal Procedure, 1973, or the offense or offenses committed by several persons are such that they can be charged and tried together under the provisions of Section 223 of the Code of Criminal Procedure, 1973, the offenses may be inquired into or tried by any court that has competency to inquire into or try any of such offences.