Chapter XIII
Section 181 CrPC: Place of trial in case of certain offences
New Law Update (2024)
Section 190 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.
(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.
(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.
(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
Important Sub-Sections Explained
Section 181(2)
This sub-section is crucial for offences like kidnapping and abduction, enabling the trial to occur not only where the initial act took place but also in any location where the victim was subsequently moved, hidden, or kept, thereby providing flexibility for prosecution. It ensures that perpetrators cannot easily evade justice based on territorial limits.
Section 181(4)
This sub-section is vital for crimes involving criminal misappropriation or criminal breach of trust, as it allows the trial to proceed in the court where the offence was committed, or where the relevant property was received, retained, or where it was supposed to be returned or accounted for by the accused person. This multi-faceted jurisdictional provision addresses the often-complex nature of such financial offences.
Landmark Judgements
Central Bureau of Investigation v. R.K. Yadav, (2015) 15 SCC 753:
The Supreme Court clarified the scope of Section 181(4) CrPC regarding criminal breach of trust, affirming that the place where the property was entrusted, where the misappropriation occurred, or where the property was required to be returned or accounted for, all fall within the jurisdiction for trial.
State of Gujarat v. Lalita Kumari, 2017 (2) GLR 1761 (Gujarat HC):
This case, while dealing with specific facts of a kidnapping, reiterated the broad jurisdictional possibilities under Section 181(2) CrPC, confirming that the trial can proceed in any court within whose local jurisdiction the kidnapped or abducted person was conveyed, concealed, or detained, in addition to where the initial act occurred.