Chapter XIII
Section 178 CrPC: Place of inquiry or trial
New Law Update (2024)
Section 180 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) When it is uncertain in which of several local areas an offence was committed, or (2) where an offence is committed partly in one local area and partly in another, or (3) where an offence is a continuing one, and continues to be committed in more local areas than one, or (4) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
Important Sub-Sections Explained
Section 178(2) & (3)
These sub-sections are crucial for determining jurisdiction when an offence is committed across multiple locations or is of a continuing nature over different areas. They ensure that judicial proceedings can commence in any local area where a significant part of the crime occurred, thus preventing jurisdictional ambiguity in complex cases.
Landmark Judgements
Y. Abraham Ajith v. Inspector of Police (2004):
This landmark case clarified that for offences like cheating, where different acts constituting the offence occur in various locations, a court in any of those places possesses the necessary jurisdiction. It reinforced the principle that the ‘place of inquiry or trial’ extends to any area where a part of the offence was committed, not solely where the primary cause of action originated.
Satvinder Kaur v. State (NCT of Delhi) (1999):
This significant judgment applies to offences such as dowry harassment and criminal breach of trust, particularly under Sections 406/498A IPC. It affirmed that courts in any local area where a part of the offence transpired (e.g., where articles were entrusted or harassment persisted) would have jurisdiction, consistent with provisions for continuing offences and those committed across multiple areas.