Published on: November 14, 2023 at 12:40 IST
Court: Supreme Court of India
Citation: Kaushik Chatterjee V. State of Haryana (2020)
Honourable Supreme Court of India has held that the question of territorial jurisdiction in criminal cases revolves around the following questions. The determination of the jurisdiction in the criminal case governed by the Section 177 to Section 184 of the Code of Criminal Procedure, 1973.
- Place of commission of the offence; or
- Place where the consequence of an act, both of which constitute an offence, ensues; or
- Place where the accused was found; or
- Place where the victim was found; or
- Place where the property in respect of which the offence was committed, was found; or
- Place where the property forming the subject-matter of an offence was required to be returned or accounted for, etc., according as the case may be.
38.1. That the issue of jurisdiction of a court to try an “offence” or “offender” as well as the issue of territorial jurisdiction, depend upon facts established through evidence.
38.2. That if the issue is one of territorial jurisdiction, the same has to be decided with respect to the various rules enunciated in Sections 177 to 184 of the Code.
38.3. That these questions may have to be raised before the court trying the offence and such court is bound to consider the same.
Drafted By Abhijit Mishra
