Question: A commits the murder of B in Bangalore. B is a resident of Chennai. A is arrested at Madurai. At what place or places the trial may take place? Can offender A be tried at Chennai, of which B was a resident, or at Madurai, where A was arrested? Find the answer only on Legal Bites. [A… Read More »

Question: A commits the murder of B in Bangalore. B is a resident of Chennai. A is arrested at Madurai. At what place or places the trial may take place? Can offender A be tried at Chennai, of which B was a resident, or at Madurai, where A was arrested? Find the answer only on Legal Bites. [A commits the murder of B in Bangalore. B is a resident of Chennai. A is arrested at Madurai. At what place or places the trial may take place? Can offender A be tried at Chennai, of which B was a...

Question: A commits the murder of B in Bangalore. B is a resident of Chennai. A is arrested at Madurai. At what place or places the trial may take place? Can offender A be tried at Chennai, of which B was a resident, or at Madurai, where A was arrested?

Find the answer only on Legal Bites. [A commits the murder of B in Bangalore. B is a resident of Chennai. A is arrested at Madurai. At what place or places the trial may take place? Can offender A be tried at Chennai, of which B was a resident, or at Madurai, where A was arrested?]

Answer

The term jurisdiction means the power of a criminal court to try a person for the commission of a criminal act. Ordinarily, every offence should be tried by a court within the local limits of whose jurisdiction it was committed as laid down under section 177 of the Code of Criminal Procedure.

The competency of a forum to take cognizance of an inquiry into, and trial of, an offence, as defined by Section 2 of the Code, is determined by the place in which the offence may have been committed. Crimes are in their nature local, and the jurisdiction of Criminal Courts is local. A Magistrate, within whose local jurisdiction the offence is committed, is authorized to take cognizance and to try the case or to commit it to the Court of Session.

The general rule regarding the jurisdiction is provided under Sections 178-183. If the offence is:-

  • Uncertain
  • Committed partly in one area and partly in another area
  • If the offence is a continuing offence
  • Consists of several acts done in different local areas etc.,

If the objection to jurisdiction is to be taken then it shall be decided before the commencing of the trial and such objection shall be taken at the earliest opportunity.

In the present case at hand, ‘A’ committed the murder of ‘B’ in Bangalore and was arrested in Madurai. The inquiry and trial shall take place in Madurai since the local court is competent to try him in Madurai.


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Updated On 12 May 2022 11:29 PM GMT
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