JURISDICTION OF THE CRIMINAL COURTS IN INQUIRES AND TRIAL (Ss. 177

The basic rule of this chapter is contained under section 177, which provides that every offence shall be tried by the Court in whose local jurisdiction it takes place.
The subsequent section i.e., Ss. 178 – 188 enlarge the ambit of the ‘local jurisdiction’.
It is intended to minimize the inconvenience that might be caused by strict adherence to the basic rule contained u/s. 177.
It is further intended to facilitate the prosecution of offenders by providing a wider choice of Courts for initiating the inquiry or trial.
It is to be noted that an accused has no vested right to be tried by a particular Court or procedure.

In case two or more Courts have taken cognizance qua the same offence, in such the following procedure shall be followed to decide as to which Court shall try the case:

If both the courts are subordinate to one High Court, then such High Court shall decide the question of jurisdiction.
If the courts are not subordinate to one High Court, then such High Court shall decide the question of jurisdiction, within whose appellate criminal jurisdiction the proceedings were first commenced.

It only applies to cases that arise out of the same transaction or same occurrence and are common and the parties are the same.
It cannot be applied when both the cases are entirely different on facts.

187 empowers the Magistrate of first-class (JMIC) to issue summons or warrants to a person:

Who has been suspected to have committed an offence;
Such offence is triable by a court outside the jurisdiction of JMIC/where the person is found.

Such a Magistrate cannot take cognizance of the offence by any chance.
He can only compel the person to appear before him and bind him to appear before the Magistrate who will have the jurisdiction to inquire into the offence.
The power is given to a Magistrate u/s. 187 is available in respect of cognizable and non-cognizable offence.
For instance, if an accused is wanted for an offence in ‘A’ District and he is absconding and subsequently found in ‘Z’ District, in such case, the Magistrate of ‘Z’ District may use the powers u/s. 187 to issue summon or warrants to such accused and order him to appear before the Magistrate of ‘A’ District.

Sec. 188 provides for extra–territorial jurisdiction over Indian Citizens and also of non-citizens.
It specifies two cases in which a person is triable for offences committed out of India namely:

When an Indian citizen commits an offence in any place either on the High Seas or elsewhere; and
When any person, not being such a citizen, commits an offence on any ship or aircraft registered in India.

Where offence is committed outside India, the case can be registered/investigated in India, refusal to do so is illegal.

In order to inquire or try such a matter u/s. 188 the previous sanction of the State Government is required.
However, such sanction is not required at the pre-inquiry stage.

When an offence is being inquired into or tried by a Court u/s. 188, it may require the evidence to be produced before it, from the Court in whose jurisdiction such offence took place.
Such evidence may include:

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRES AND TRIAL (Ss. 177 – 189) Part-III