Chapter XIII
Section 186 CrPC: High Court to decide, in case of doubt, district where inquiry or trial shall take place
New Law Update (2024)
Section 193 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) if the Courts are subordinate to the same High Court, by that High Court;
(2) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued.
Important Sub-Sections Explained
Section 186(1)
This sub-section deals with situations where multiple courts might have jurisdiction, but all these courts fall under the same High Court. In such cases, that particular High Court has the authority to decide which district’s court will conduct the inquiry or trial.
Section 186(2)
This sub-section addresses scenarios where the courts that could potentially have jurisdiction are not subordinate to the same High Court. Here, the High Court within whose appellate criminal jurisdiction the criminal proceedings were first initiated will make the decision, and all other ongoing proceedings related to the same offence must then be stopped.
Landmark Judgements
Prem Kishore v. State of U.P. and Ors. (1998):
The Supreme Court clarified that Section 186 CrPC empowers the High Court to decide which of two or more competent courts shall inquire into or try an offence where a doubt as to jurisdiction exists. It is not a provision to confer jurisdiction on a court that otherwise lacks it.
Smt. P. Vijayalakshmi v. B.V. Bhaskar (2012):
The Karnataka High Court reiterated the scope of Section 186 CrPC, emphasizing its application when there is a doubt concerning the appropriate district for inquiry or trial, especially when courts fall under different High Courts, and the proceedings have commenced within the jurisdiction of one such High Court.