Learning the Entire CrPc in Hindi - Ch 13 Jurisdiction of Criminal Courts (Section 182 to 189)

offence of cheating where the deception is practised by
letters or telecommunication messages section 182 (1)
Within whose local jurisdiction search letters on messages was sent or
received
And where the offence goes on to the extent of cheating and dishonestly
inducing delivery of property sach may be inquired into or tried by a court
within whose local jurisdiction the property was delivered by the person
deceived or was received by the accused.
Section 182(2) Bigamy
Within whose local jurisdiction the offence of bigamy was committed or
where the offender last recited with his or her spouse by the first marriage
or
the place where wife by the first marriage has taken up permanent resident
after commission of offence
section 183 place of enquiry or trial where offence is
committed on journey or voyage
When the offences committed in the course of a journey or voyage then offence
may be inquired into or tried by a court through or into whose local
jurisdiction that person or thing passed in the course of that journey or
voyage.
Generally the court having local jurisdiction at the place of termination of
the journey is also competent to try the accused for for an offence committed
in the course of journey
This section will be applicable only when the journey is continuous and
uninterrupted.
Section 185 power of state to order cases to be tried in
different session division
Notwithstanding the rules mentioned in section 177 to Section 184 the state
government may make special rules SG may direct any case or class of case may
be tried in any session division.
Provided such direction is not against any direction previously issued by the
high court or supreme court under the constitution or under any other law for
the time being in force.
This is an extraordinary power conferred on the state government and is
intended to be used only when some consideration of public interest is
involved for example maintenance of public order during trial of sensational
cases.
Ram Rahim Kathua rape case
section 186 where there is a doubt relating to
jurisdiction of criminal court
When two or more court have taken cognizance of the same offence and a doubt
arises as to which of the two court has the jurisdiction to enquire into or
try the offence.
Situation 1 where the courts which took the cognizance of the same offence
are subordinate to the same High court then the high court will decide
Situation 2 do when the two courts are not subordinate to same High court
then the high court of of that court where the proceedings were first
initiated will decide.
Example where proceeding for same offence against different person are
instituted in different courts one on complaint and the other on police
report therefore the court which first took cognizance may not be the proper
forum and the power to decide should be with the high court.
The offence must be the same and
arise out of same transaction
parties must be the same
circumstances must also be the same.
section 187 powers of judicial magistrate of first class to
issue summon or warrant for an offence which is
committed beyond its local jurisdiction
Where a judicial magistrate of first class cannot issue process for an
offence which is committed beyond his local jurisdiction or any other law
Such magistrate may enquiry into the offence as if it had been committed
within his local jurisdiction and
compel such person to appear before him and
forward such person to magistrate having jurisdiction to enquiry into or try
such offence.
if the offence is such which is not punishable with death or life
imprisonment and the accused is is ready to furnish a bail the magistrate
will take bond for his appearance before magistrate having jurisdiction.
Section 188 power to enquire into to and try of offences
committed outside India
Section 188 is procedural counterpart to Section 4 of Indian penal code and
to those substantive penal laws which have extraterritorial application.
Therefore when an offence is committed outside India by
1. A citizen of India weather on high seas or elsewhere
2. by any other person on any ship for aircraft registered in India
Such offence may be dealt as if it had been committed at any place within
India at which such person may be found
No enquiry or trial shall take place in India without the previous sanction
of Central Government.
consequences of failure to follow the rules regarding
local jurisdiction of criminal court