Published on: January 11, 2024 at 15:00 IST
Court: Supreme Court of India
Citation: Kaushik Chatterjee V. State of Haryana (2020)
Honourable Supreme Court of India has held that the jurisdiction of a criminal court is determined by (i) the offence and/or (ii) the offender. It is held that Code of Criminal Procedure, 1973 contains provisions relating to jurisdiction of criminal courts in inquiries and trials which creates distinction between (i) inquiry; (ii) investigation; and (iii) trial. The words “inquiry” and “investigation” are defined respectively, in clauses (g) and (h) of Section 2 of the Code.
17. As seen from the pleadings and the rival contentions, the petitioner seeks transfer, primarily on the ground of lack of territorial jurisdiction. While the question of territorial jurisdiction in civil cases, revolves mainly around (i) cause of action; or (ii) location of the subject-matter of the suit or (iii) the residence of the defendant, etc., according as the case may be, the question of territorial jurisdiction in criminal cases revolves around (i) place of commission of the offence or (ii) place where the consequence of an act, both of which constitute an offence, ensues or (iii) place where the accused was found or (iv) place where the victim was found or (v) place where the property in respect of which the offence was committed, was found or (vi) 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.
Drafted By Abhijit Mishra