CHAPTER XIV: JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

Section 197: Ordinary Place of Inquiry and Trial

Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction
it was committed.

Section 198: Place of Inquiry or Trial

When it is uncertain in which of several local areas an offence was committed, it may be inquired into or tried
by a Court having jurisdiction over any of such local areas.

Section 199: Offence Triable Where Act is Done or Consequence Ensues

When a person is accused of the commission of any offence by reason of anything which has been done, or of
any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits
of whose jurisdiction any such thing has been done or any such consequence has ensued.

Section 200: Place of Trial Where Act is an Offence by Reason of Relation to Other Offence
Where an act is an offence by reason of its relation to any other act which is also an offence or which would be
an offence if the person committing it were capable of committing an offence, a charge of the first-mentioned
offence may be inquired into or tried by a Court within the local limits of whose jurisdiction either act was
done.

Section 201: Place of Trial in Case of Certain Offences

(1) Any offence which includes theft, extortion, cheating, or criminal misappropriation, may be inquired into or
tried by a Court within the local limits of whose jurisdiction the offence was committed or the stolen or
misappropriated property was possessed by the accused.
(2) Any offence which includes kidnapping or abduction may be inquired into or tried by a Court within the
local limits of whose jurisdiction the person was kidnapped or abducted or conveyed or concealed or detained.

Section 202: Offences Committed by Means of Electronic Communications, Letters, etc.

Any offence committed by means of letters, electronic communication, or telegraphy may be inquired into or
tried by a Court within the local limits of whose jurisdiction such communication was sent, received, or dealt
with.

Section 203: Offence Committed on Journey or Voyage

When an offence is committed whilst the person charged with the offence is in the course of performing a
journey or voyage, the offence may be inquired into or tried by a Court through or into the local limits of whose
jurisdiction that person or thing passed in the course of that journey or voyage.

Section 204: Place of Trial for Offences Triable Together

When several offences form part of the same transaction, they may be inquired into or tried by a Court
competent to inquire into or try any of the offences.

Section 205: Power to Order Cases to Be Tried in Different Sessions Divisions

Where it appears to the State Government that the fair and impartial inquiry or trial of an offence cannot be had
in any particular sessions division, it may, by order in writing, direct that the case be tried in any other sessions
division.
Section 206: High Court to Decide, in Case of Doubt, District Where Inquiry or Trial Shall Take Place
Whenever any doubt arises as to the district in which an inquiry or trial should take place, the High Court may
decide in which district the inquiry or trial shall take place.

Section 207: Power to Issue Summons or Warrant for Offence Committed Beyond Local Jurisdiction
When a Court inquires into or tries an offence committed beyond its local jurisdiction, it may issue a summons
or warrant for the appearance of any person accused of such offence, and the case may proceed in all respects as
if the offence had been committed within the jurisdiction of such Court.

Section 208: Offence Committed Outside India

When an offence is committed outside India, the offender may be dealt with in respect of such offence as if it
had been committed at any place within India at which he may be found.

Section 209: Receipt of Evidence Relating to Offences Committed Outside India

A Magistrate may receive evidence relating to the commission of any offence alleged to have been committed
outside India, in the same manner and with the same powers as in respect of any offence alleged to have been
committed within his local jurisdiction.

Case Laws:
Mohan Baitha and Ors. Vs. State of Bihar and Anr. (2001) The Supreme Court upheld the jurisdiction of the
Patna High Court based on Section 220 of the CrPC, allowing for the trial of connected offenses together. The
appeal was dismissed.

Smt. Sujata Mukherjee Vs. Prashant Kumar Mukherjee (1997) The Supreme Court invoked Section 178(c) of
the CrPC, ruling that the maltreatment was a continuous offense and directed the Chief Judicial Magistrate to
proceed with the case without transferring it.

Om Hemrajani v. State of U.P. and Anr. (2004) The Supreme Court affirmed the High Court's order, stating
that under Section 188 of the CrPC, a citizen of India committing an offense outside India can be tried in India,
maintaining the jurisdiction of the Ghaziabad Magistrate.

CHAPTER XV - CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Section 210 - Cognizance of offences by Magistrate

FCM or SCM may take cognizance upon:
- Receiving complaint of facts
- Police report (including electronic mode)
- Information received from a person other than a police officer or upon his knowledge
CJM may empower SCM to take cognizance of offences within his competence to inquire or try

Section 211 - Transfer on application of accused

- The accused may object to further proceedings before evidence is taken after he is informed that he is
entitled to have case inquired into or tried by another Magistrate
- The case “shall” be transferred

Section 212 - Making over of cases to Magistrates

- CJM may make over to subordinate magistrate after taking cognizance
 - FCM empowered by CJM may make over to competent magistrate after taking cognizance

Section 213 - Cognizance of offences by Court of Session

Court of Session shall not take cognizance as a court of original jurisdiction except when committed to it by a
Magistrate

Section 214 - Additional Sessions Judge to try cases made over to them
Made over by Sessions judge by general or special order or special order by HC

Section 215 - Prosecution for contempt of lawful authority of public servants, for offences against public
justice and for offences relating to documents given in evidence
No Court Action Without Written Complaint:
- Court cannot take action on offenses under Sections 206-223 (excluding 209) of BNS without:
1. A written complaint from the public servant involved.
2. A complaint from another authorized public servant.
Applies to:
1. The offence itself.
2. Abetment, attempt, or conspiracy to commit the offence.
Court Proceedings and Evidence:
Offences under Sections 229-233, 236, 237, 242-248, and 267 committed during Court proceedings require a
written complaint from:
- The Court where the offence occurred.
- An authorized officer of that Court.
Offences under Section 336(1), 340(2), or 342 regarding documents in Court proceedings also require a written
complaint from the Court.
Complaint Withdrawal:
A complaint made by a public servant can be withdrawn by their superior authority unless the trial has already
concluded. Definition of "Court":
- Includes Civil, Revenue, or Criminal Courts, as well as tribunals declared as Courts under Central or
State laws.
Court Subordination:
- A Court is subordinate to the Court where appeals from its decisions usually lie.
- Civil and Revenue Courts are determined based on the nature of the case.

Section 216 - Procedure for witnesses in case of threatening, etc.

Witness may file complaint under Section 232 of BNS

Section 217 - Prosecution for offences against State and for criminal conspiracy to commit such offence
Previous sanction of Central or State Govt. or District Magistrate is required. No Court can proceed with a
criminal conspiracy case under Section 61(2) unless:
- The conspiracy is to commit an offence punishable by death, life imprisonment, or imprisonment of two
years or more.
- The State Government or District Magistrate gives written consent.
If the conspiracy relates to Section 215 offences, no consent is required for prosecution. The Central or State
Government, or District Magistrate, may order a preliminary police investigation before giving consent for
prosecution. The police officer conducting the investigation must be of at least Inspector rank and will have
certain powers under Section 174(3).
Section 218 - Prosecution of judges and public servants
Sanction Required for Public Servants:
- No Court can take action against a Judge, Magistrate, or public servant (who cannot be removed without
Government sanction) for offences committed during official duties without prior sanction from the
Government.
Applies as follows:
- If the offence relates to Union/Central Government matters, sanction from the Central Government is
required.
- If it relates to State Government matters, sanction from the State Government is required.
Exception: During a constitutional emergency (Article 356), Central Government consent replaces State
Government consent.
Deadline: The Government must decide on the sanction within 120 days. If no decision is made, sanction is
automatically granted.
No Sanction Needed: For offences under specific sections (e.g., Sections 64-79, 143, 199, 200 of the Bharatiya
Nyaya Sanhita).
Sanction for Armed Forces: Court action against a member of the Armed Forces for offences committed
during official duties requires prior sanction from the Central Government.
State Application to Forces: The State Government can extend the requirement for sanction to certain classes
of forces maintaining public order, with the State Government substituting for the Central Government in this
process.
Emergency Provisions: During an emergency (Article 356), only the Central Government's sanction is
required for offences by forces maintaining public order.
Government Control Over Prosecution: The Central or State Government decides who will prosecute the
Judge, Magistrate, or public servant, how the prosecution will proceed, and which Court will handle the trial.

Case Laws
In Dr. Subramanian Swamy vs Dr. Manmohan Singh and Anr. (2012) , it was decided by the Supreme Court
that in order to have the public servants dispensing their official duty in a fair manner without prejudice, the
threats of malicious prosecution shall be prevented in ways accepted by law.

In Matajog Dobey v. H.C. Bhari (1955), it was a case of an appellant claiming that while conducting an
investigation or research, the official of the Income Tax Department forcibly broke into the residence and
searched all the drawers in the house. The appellant contended that he was tied up and beat up by the officials,
the Magistrate issued process on prima facie case. The court observed that public servants pertaining to
prosecution for an offence while discharging official duties have to be safeguarded from harassment and
ordinary citizens do not need such protection. It was also decided that a reasonable connection as to discharging
of duty and the act for which he is charged with no pretentious claims shall be present.

Section 219 - Prosecution for offences against marriage

Complaints by Aggrieved Person:
The Court can take action for offences under Sections 81-84 of the Bharatiya Nyaya Sanhita (BNS) only on the
basis of a complaint made by the person directly affected by the offence. There are specific exceptions to this
requirement. If the aggrieved person is a child, of unsound mind, has an intellectual disability, or is a woman
unable to appear in public due to customs, another person may file a complaint with the Court's permission.
Additionally, if the husband is in the Armed Forces and unable to obtain leave, another authorized person may
file a complaint on his behalf. In cases involving offences under Section 82 where the victim is the wife, her
family members, such as parents, siblings, or children, or others with Court approval, may file the complaint.

For offences under Section 84, only the husband is considered the aggrieved person. When someone wishes to
file a complaint on behalf of a child or a person of unsound mind, and a legal guardian exists, the Court must
notify the guardian and provide them with a reasonable opportunity to be heard before allowing the complaint.
In cases where a person is authorized to file a complaint on behalf of a husband serving in the Armed Forces,
the authorization must be in writing, signed by the husband, and countersigned by his Commanding Officer.
The Commanding Officer must also certify that leave cannot be granted for the husband to file the complaint in
person. Documents related to authorization or certification for Armed Forces complaints are presumed genuine
unless proven otherwise.

There are also time limitations in place for certain offences. The Court will not take action for an offence under
Section 64 (sexual intercourse by a man with his wife under 18) if more than one year has passed since the
offence. The same rules apply to abetment or attempts to commit these offences.

Section 220 - Prosecution of Offences under Section 85 of the BNS:

Section 85 of the BNS, 2023, addresses cruelty against women by their husbands or relatives. Cognizance of
such offences will not be taken except on a police report of facts or a complaint made by the aggrieved person,
or by the woman’s close family members such as her father, mother, brother, sister, her father’s or mother’s
siblings, or any person related by blood, marriage, or adoption with the Court's permission.

Section 221 - Cognizance of Offence:

This section concerns offences committed by public servants, as outlined in Section 67 of the BNS. The Court
will not take cognizance of offences involving married parties unless there is prima facie satisfaction of facts or
the complaint is made by the wife against the husband.

Section 222 - Prosecution for Defamation:

For offences under Section 356 related to defamation, the Court can only take action based on a complaint from
the person directly affected. There are exceptions, however, allowing others to file the complaint if the person is
a child, of unsound mind, has an intellectual disability, is sick, or is a woman restricted by customs from
appearing in public. This filing requires the Court's permission.
Special provisions exist for cases involving high-ranking officials, such as the President, Vice-President,
Governors, Union/State Ministers, or other public servants performing their official duties. In such cases, a
Court of Session may act without the case being committed, based on a written complaint from the Public
Prosecutor. The Public Prosecutor's complaint must detail the facts of the alleged offence, the nature of the
offence, and provide enough details to inform the accused of the charges. The Public Prosecutor cannot file this
complaint without prior sanction. For cases involving the Governor, Ministers, or other State-employed public
servants, sanction must come from the State Government; in all other cases, it must come from the Central
Government. Complaints must be filed within six months of the alleged offence. This section does not interfere
with the aggrieved person’s right to file a complaint directly with a Magistrate.

CHAPTER XIV - COMPLAINTS TO MAGISTRATES

Section 223 - Examination of Complainant:

When a Magistrate takes cognizance of an offence based on a complaint, the complainant and any witnesses
present must be examined under oath. The substance of this examination must be recorded in writing and
signed by the complainant, witnesses, and the Magistrate. The accused is given the opportunity to be heard
before the Magistrate takes cognizance of the offence. In certain cases, the Magistrate does not need to examine
the complainant and witnesses, such as when the complaint is made in writing by a public servant acting in an
official capacity or by a Court. Additionally, if the Magistrate transfers the case to another Magistrate for
inquiry or trial under Section 212, re-examination of witnesses is not necessary. A Magistrate cannot take
cognizance of a complaint against a public servant for actions committed in official capacity unless the public
servant is given a chance to explain the situation, and a factual report is provided by the public servant's
superior officer.

Section 224 - Procedure by Magistrate Not Competent to Take Cognizance of Case:

If a Magistrate receives a complaint but is not competent to take cognizance of the case, they should return a
written complaint for presentation to the proper court. If the complaint is not in writing, the Magistrate should
direct the complainant to the appropriate Court.

Section 225 - Postponement of Issue of Process:

Upon receiving a complaint, the Magistrate may delay issuing a process against the accused if certain
conditions are met. These include situations where the accused lives outside the Magistrate’s jurisdiction or if
the Magistrate wishes to conduct an inquiry or direct an investigation to assess if there are sufficient grounds to
proceed. However, the Magistrate cannot order an investigation if the offence is triable only by the Court of
Session or if the complaint was not made by a Court and the complainant and witnesses have not been
examined under oath as required by Section 223. During an inquiry, the Magistrate may take witness testimony
under oath. If the offence is triable only by the Court of Session, the Magistrate will require the complainant to
produce all witnesses for examination. An individual other than a police officer conducting the investigation
will have similar powers to a police officer, except they cannot be arrested without a warrant.

Section 226 - Dismissal of Complaint:

If the Magistrate finds that there is no sufficient ground to proceed with the case, they must briefly record their
reasons for this decision.

CHAPTER XVII - COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 227 - Issue of Process:

If the Magistrate finds sufficient grounds to proceed with the case, they may issue a summons or a warrant
based on the type of case. For summons-cases, a summons is issued for the accused's attendance, while for
warrant-cases, a warrant or a summons may be issued to ensure the accused appears at a specified time. The
summons or warrant can be issued electronically if necessary. No summons or warrant will be issued unless a
list of prosecution witnesses is provided, and in cases where the complaint was written, the summons or warrant
must include a copy of this complaint. Any required process fees or other fees must be paid before issuing the
process; failure to pay within a reasonable time permits the Magistrate to dismiss the complaint. This section
respects the provisions of Section 90, which provides for exemption from personal attendance.

Section 228 - Magistrate May Dispense with Personal Attendance of Accused:

The Magistrate may allow the accused to appear via an advocate. If necessary, the Magistrate retains the
authority to enforce the personal attendance of the accused.

Section 229 - Special Summons in Cases of Petty Offences:

If a Magistrate finds a petty offence may be summarily disposed of under Section 283 or Section 284, they will
typically issue a summons for the accused to appear either personally or by an advocate on a specified date,
unless otherwise noted in writing. The accused may plead guilty without appearing in person by submitting a
written plea and the fine amount specified in the summons via post or messenger. This fine must not exceed
5,000 rupees. For this purpose, a "petty offence" refers to any offence punishable by a fine not exceeding 5,000
rupees, excluding offences under the Motor Vehicles (MV) Act or any other law that allows conviction in the
accused’s absence based on a plea of guilty. Additionally, the State Government may empower any Magistrate
to exercise these powers for offences compoundable under Section 359 or punishable by up to three months'
imprisonment, a fine, or both, if the facts and circumstances suggest that only a fine would suffice.

Section 230 - Supply to Accused of Copy of Police Report and Other Documents:
In cases initiated based on a police report, the Magistrate must provide the accused and the victim (if
represented by an advocate) with the following documents, free of charge, within fourteen days of the accused's
production or appearance: the police report, the FIR recorded under Section 173, statements of witnesses
recorded under Section 180(3) (excluding parts the police request to exclude under Section 193(7)), confessions
and statements recorded under Section 183, and any other relevant documents or extracts submitted with the
police report under Section 193(6). The Magistrate may review the excluded parts of witness statements and
determine if those parts, or portions of them, should be provided to the accused. If any document is too lengthy,
the Magistrate may provide electronic copies or allow the accused and the victim to inspect the documents in
Court with the help of their advocate. Documents supplied in electronic form are considered duly furnished.

CHAPTER XVIII - THE CHARGE

Section 234 - Contents of Charge:
The charge should include a clear statement of the offence with which the accused is charged. This statement
must outline the facts that constitute the offence, along with any other relevant details necessary to inform the
accused of the charges against them.

Section 235 - Particulars as to Time, Place, and Person:

The charge must specify details like the time and place of the alleged offence, as well as the person (if any)
against whom, or the thing (if any) in relation to which, the offence was committed. These particulars should be
reasonably sufficient to provide the accused with notice of the matter they are being charged with. In cases of
criminal breach of trust or dishonest misappropriation of money or property, it is sufficient to specify the total
sum or describe the movable property in question, and the timeframe within which the offence allegedly took
place. It is not necessary to list particular items or exact dates, and such a charge is considered a single offence
under Section 242.

Section 236 - When Manner of Committing Offence Must Be Stated:

If the nature of the case is such that the basic particulars (as mentioned in Sections 234 and 235) do not provide
the accused with sufficient notice of the charge, additional details regarding the manner in which the offence
was allegedly committed must be included. For instance, in cases of cheating or deception, the charge must
explain how the accused committed the alleged act. However, in cases like theft, detailing the exact method
used may not be necessary.

Section 237 - Words in Charge Taken in Sense of Law Under Which Offence is Punishable:
In every charge, the words used to describe the offence should be interpreted as defined under the law that
governs the offence. This ensures that the language used in the charge reflects the legal meaning ascribed to the
offence.

Section 238 - Effect of Errors in Charge:

Errors in stating the offence or in providing necessary particulars in the charge are not deemed significant at any
stage of the case unless it is shown that the accused was misled by such errors, resulting in a failure of justice.
For example, if the charge omits certain words, like "fraudulently" in a counterfeit coin possession case, the
omission will not be considered material unless it is proven that the accused was actually misled.

Section 239 - Court May Alter Charge:

The Court has the authority to alter any charge at any time before delivering its judgment. If a charge is altered,
the Court must inform the accused about the changes and give them sufficient time to prepare for the trial under
the modified charge.

Section 240 - Recall of Witnesses When Charge Altered:

If the Court alters or adds a charge after the trial has started, both the prosecutor and the accused are allowed to
recall or re-summon and examine witnesses with regard to the alteration or addition. However, if the Court finds
that recalling witnesses may lead to unnecessary delay or that it’s requested for vexatious purposes, it may deny
the request, providing written reasons for this decision.

Section 241 - Separate Charges for Distinct Offences:

Every distinct offence a person is accused of requires a separate charge. Each charge must be tried individually,
except in cases where the offences are of the same kind and were committed within a similar timeframe.

Section 242 - Offences of Same Kind Within Year May Be Charged Together:
If a person is accused of multiple offences of the same kind committed within a twelve-month period, they may
be charged with up to five of these offences at once, regardless of whether they are related to the same person.
Offences are considered of the same kind if they are punishable by the same penalty under the same section of
the Bharatiya Nyaya Sanhita, 2023, or any special or local law.

Section 243 - Trial for More Than One Offence:

In cases where a person is charged with multiple offences, the Court has the discretion to try them together,
provided they are of the same kind or arise from the same transaction.

Section 244 - Where It Is Doubtful What Offence Has Been Committed:

When the evidence presented makes it uncertain which specific offence was committed, the accused may be
charged with having committed all or any of such offences. Multiple charges can be tried together, or the
accused may be charged alternatively with committing one or another of the offences.

Section 245 - When Offence Proved Included in Offence Charged:

If an accused is charged with a particular offence, but evidence shows they committed a different yet related
offence, the Court may convict them of that related offence. This provision allows flexibility for the Court to
deliver justice based on the evidence, even if it doesn’t precisely match the initially stated offence.
Case Laws
In Ranchhod Lal v. State of Madhya Pradesh (1964), it was held that failure to mention the particulars
precisely due to the nature of the information may not invalidate the proceedings.

K. Satwant Singh v. State Of Punjab (1960), held that sections of a joinder of charges are not compelling. They
only permit the joint trial of charges under certain circumstances, and the courts may consider the same in the
interest of the administration of justice after thoroughly studying the facts and circumstances of each case.

Dinesh Kumar v. State (2015): In this case, the court held that where several persons are alleged to have
committed several separate offences, which are not wholly unconnected then there may be a joint trial unless
such joint trial is likely to cause either embarrassment or difficulty to the accused in defending themselves.

Bhagabat Das v. The State of Orissa (1989): In this case, the court held that the insignificant irregularities in
stating the particulars of the offence in the charge will not affect the trial or its outcome.

CHAPTER XIX TRIAL BEFORE A COURT OF SESSION

Section 246: What Persons May Be Charged Jointly

Persons may be charged jointly if they are accused of:
- Committing the same offence;
- Committing different offences that form part of the same transaction; or
- Committing offences of the same kind or relating to the same series of acts.

Section 247: Withdrawal of Remaining Charges on Conviction on One of Several Charges

If a person is convicted of one of several charges, the remaining charges may be withdrawn. The Court has the
discretion to drop the other charges once a conviction has been secured on one.

Section 248: Trial to Be Conducted by Public Prosecutor

Every trial before a Court of Session shall be conducted by a Public Prosecutor. The role of the Public
Prosecutor is to represent the State and conduct the prosecution of criminal cases in the interest of justice.

Section 249: Opening Case for Prosecution

When the accused appears or is brought before the Court, the Public Prosecutor shall open their case by
describing the charges against the accused and outlining the evidence they intend to present to prove the
accused's guilt.

Section 250: Discharge

The accused may apply for discharge within sixty days from the date of committal. Upon reviewing the record
and hearing the parties, if the Judge finds insufficient grounds for proceeding against the accused, they shall
discharge the accused and record reasons for the decision.

Section 251: Framing of Charge

The Court shall frame the charge against the accused in clear and precise terms, ensuring that the accused
understands the specifics of the allegations against them.
Section 252: Conviction on Plea of Guilty
If the accused pleads guilty, the Judge shall record the plea and may convict the accused based on that plea,
exercising discretion as necessary.
Section 253: Date for Prosecution Evidence
If the accused refuses to plead, claims to be tried, or is not convicted under Section 252, the Judge shall fix a
date for the examination of witnesses. The Judge may also issue processes to compel attendance of witnesses or
the production of documents as requested by the prosecution.

Section 254: Evidence for Prosecution

The prosecution shall present its evidence during the trial. The Judge will listen to the prosecution's case, and
both parties will have the opportunity to present their respective arguments and evidence.

Section 255: Acquittal

After examining the prosecution's evidence and hearing arguments from both sides, if the Judge finds no
evidence supporting the accused's guilt, they shall record an order of acquittal.

Section 256: Entering Upon Defence

After the prosecution's evidence is complete, the accused is entitled to present their defense. The defense may
call witnesses and present evidence supporting their case.

Section 257: Arguments

Upon completion of the evidence for the defense, the Public Prosecutor shall sum up the prosecution's case. The
accused or their legal representative shall have the right to reply to the arguments made.

Section 258: Judgment of Acquittal or Conviction

After hearing all arguments, the Judge will deliver a judgment of acquittal or conviction based on the evidence
and the law.

Section 259: Previous Conviction

If a previous conviction is alleged against the accused, and they deny it, the Judge may take evidence regarding
the previous conviction after convicting the accused under the relevant sections.

Section 260: Procedure in Cases Instituted Under Section 223(1)

In cases instituted under Section 223(1), the procedure shall align with the guidelines outlined in this Sanhita,
ensuring that due process is followed in accordance with the law.