JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
CHAPTER XIV
197. Ordinary place of inquiry and trial
198. Place of inquiry or trial
199. Offence triable where act is done or consequence ensues
200. Place of trial where act is an offence by reason of relation to other offence
201. Place of trial in case of certain offences
202. Offences committed by means of electronic communications, letters, etc
203. Offence committed on journey or voyage
204. Place of trial for offences triable together
205. Power to order cases to be tried in different sessions divisions
206. High Court to decide, in case of doubt, district where inquiry or trial shall take place
207. Power to issue summons or warrant for offence committed beyond local jurisdiction
208. Offence committed outside India
209. Receipt of evidence relating to offences committed outside India
Based on Chapter XIV (Jurisdiction of the Criminal Courts in Inquiries and Trials) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary-style questions covering every aspect of the chapter, including logic-based and problem-solving scenarios.
BNSS Chapter XIV: Jurisdiction & Venue Practice Set
I. General Principles (Sections 197–200)
Q1. What is the ordinary place of inquiry and trial for an offence under Section 197?
A) Where the accused resides.
B) Where the victim resides.
C) Within the local jurisdiction where the offence was committed.
D) Any place within the State.
Q2. If an offence is committed partly in one local area and partly in another, it may be tried by a Court having jurisdiction over:
A) Only the area where it began.
B) Only the area where it finished.
C) Either of such local areas.
D) Only the High Court.
Q3. Under Section 198, where an offence is a "continuing one," it may be inquired into or tried by a Court:
A) Only where it first commenced.
B) Having jurisdiction over any local area where it continues to be committed.
C) Only where the accused is arrested.
D) Specifically designated by the State Government.
Q4. 'A' does an act in District X, and the consequence of that act ensues in District Y. Under Section 199, where can the offence be tried?
A) Only in District X.
B) Only in District Y.
C) In either District X or District Y.
D) Only in the State Capital.
Q5. Section 200 deals with the place of trial when an act is an offence by reason of its relation to another offence. In such cases, the trial can take place in a Court within whose local jurisdiction:
A) The first act was done.
B) The related act was done.
C) Either act was done.
D) The accused is found.
II. Specific Offences (Section 201)
Q6. Any offence of dacoity or belonging to a gang of dacoits may be tried by a Court where the offence was committed OR:
A) Where the stolen property is sold.
B) Where the accused person is found.
C) Where the conspiracy was hatched.
D) Where the victim resides.
Q7. Under Section 201(2), kidnapping or abduction may be inquired into or tried by a Court where the person was kidnapped/abducted OR:
A) Conveyed, concealed, or detained.
B) Where the ransom was demanded.
C) Where the parents of the victim reside.
D) Any place in India.
Q8. An offence of theft, extortion, or robbery can be tried where the offence was committed OR where the stolen property was:
A) Found in a pawn shop.
B) Possessed by the person committing it.
C) Received or retained by someone knowing it to be stolen.
D) Both B and C.
Q9. For the offence of "escaping from custody," jurisdiction lies with the Court where the escape occurred or where:
A) The accused was originally convicted.
B) The accused is found.
C) The jail is situated.
D) The Supreme Court decides.
III. Modern & Special Scenarios (Sections 202–204)
Q10. (New BNSS Provision) Under Section 202, if cheating is practiced by means of "electronic communications," where can the inquiry or trial take place?
A) Only where the sender is located.
B) Only where the receiver is located.
C) Within the local jurisdiction where such messages were sent OR received.
D) Only in the jurisdiction of the Cyber Cell.
Q11. Problem: 'X' dishonestly induces 'Y' via email to deliver a valuable diamond. The email is sent from Mumbai, received in Delhi, and the diamond is delivered in Jaipur. Where can 'X' be tried under Section 202?
A) Mumbai or Delhi only.
B) Jaipur only.
C) Mumbai, Delhi, or Jaipur.
D) Any Metropolitan city.
Q12. If an offence is committed by a person "on a journey or voyage," Section 203 provides that it may be tried by a Court:
A) Only at the destination.
B) Only at the starting point.
C) Through or into whose local jurisdiction that person or thing passed in the course of that journey.
D) Only where the journey ended.
Q13. Under Section 204, if several offences committed by a person are such that they may be "tried together," the place of trial is:
A) Only where the most serious offence occurred.
B) Any Court competent to inquire into or try any of the offences.
C) Only where the first offence occurred.
D) Determined by the High Court in all cases.
IV. Power of Higher Authorities (Sections 205–206)
Q14. Who has the power under Section 205 to direct that a case committed for trial in one district be tried in a different sessions division?
A) The High Court.
B) The State Government.
C) The Supreme Court.
D) The District Magistrate.
Q15. The power of the State Government to change the sessions division for a trial (S. 205) is subject to what condition?
A) It must be approved by the Governor.
B) It must not be repugnant to any direction previously issued by the High Court or Supreme Court.
C) It must be requested by the accused.
D) It only applies to non-cognizable cases.
Q16. If two or more Courts have taken cognizance of the same offence and a doubt arises as to which should try it, who decides if the Courts are subordinate to the same High Court?
A) The State Government.
B) That High Court.
C) The Sessions Judge.
D) The Chief Judicial Magistrate.
Q17. If the Courts in question (S. 206) are NOT subordinate to the same High Court, the decision is made by the High Court:
A) Within whose jurisdiction the accused was arrested.
B) Within whose jurisdiction the most serious act occurred.
C) Within whose local limits the proceedings were first commenced.
D) Of the State where the victim resides.
V. Beyond Jurisdiction & Foreign Offences (Sections 207–209)
Q18. Under Section 207, if a Magistrate of the first class believes a person within his jurisdiction has committed an offence outside his jurisdiction that is triable in India, he may:
A) Immediately arrest and try the person himself.
B) Compel the person to appear before him and then send them to the Magistrate having jurisdiction.
C) Dismiss the matter for lack of jurisdiction.
D) Refer the case to the Central Government.
Q19. When a Magistrate acts under Section 207 and the offence is NOT punishable with death or life imprisonment, he may take a _____ for the person's appearance before the competent Magistrate.
A) Written apology.
B) Cash deposit of ₹1 Lakh.
C) Bond or bail bond.
D) Passport.
Q20. If an offence is committed "outside India" by a citizen of India, Section 208 allows them to be dealt with:
A) Only in the country where the crime was committed.
B) Only by the International Criminal Court.
C) As if it had been committed at any place within India at which the person may be found.
D) Only in the National Capital.
Q21. Section 208 also applies to a person who is NOT a citizen of India if the offence is committed on:
A) Any foreign ship.
B) Any ship or aircraft registered in India.
C) Indian embassy grounds only.
D) It does not apply to non-citizens.
Q22. What is the mandatory requirement for inquiry or trial into an offence committed outside India under Section 208?
A) Permission from the High Court.
B) A report from Interpol.
C) The previous sanction of the Central Government.
D) Consent of the foreign country.
Q23. Under Section 209, if an offence is committed in a country where India has no diplomatic representative, the Central Government may:
A) Direct that the case be dropped.
B) Direct that depositions/exhibits from a local judicial officer be received as evidence by the Indian trial court.
C) Require the foreign court to conduct the trial.
D) Order the extradition of all witnesses.
VI. Logic & Scenario-Based Questions
Q24. 'A' is found in Lucknow in possession of a car stolen in Delhi. Under Section 201(3), where can 'A' be tried for theft?
A) Only Delhi.
B) Only Lucknow.
C) Delhi or Lucknow.
D) Only where the car was manufactured.
Q25. Assertion (A): Territorial jurisdiction is a matter of "convenience" but ordinarily follows the place of crime. Reason (R): Section 197 mandates that every offence shall ordinarily be tried by a Court within whose local jurisdiction it was committed.
A) Both A and R are true, and R explains A.
B) Both are true, but R does not explain A.
C) A is true, R is false.
D) A is false, R is true.
Q26. A group of five people (Group Murder) is charged under Section 103(2) BNS. The acts leading to the murder occurred in three different districts. Where should the trial be held?
A) Only where the fatal blow was struck.
B) Any of the three districts under Section 198(d).
C) Only in the High Court.
D) Where the group was formed.
Q27. True or False: According to Section 201(1), a person escaping from lawful custody can only be tried in the district from which they escaped.
Answer: False. (Can be tried where they escaped OR where found).
Q28. 'B' is accused of an offence on a train passing through four states. Under Section 203, jurisdiction lies with:
A) Only the station where 'B' boarded.
B) Only the station where 'B' was arrested.
C) Any local area through which the train passed.
D) Only the High Court of the largest state passed.
Q29. According to Section 207, can a Magistrate of the first class inquire into an offence committed outside India?
A) No, only the Supreme Court can.
B) Yes, if the person is within his local jurisdiction and the offence is triable in India.
C) Only if requested by the UN.
D) Only in cases of terrorism.
Q30. Which section ensures that an "Assistant Public Prosecutor" can appear and plead without written authority?
A) Section 197. B) Section 212. C) Section 338. (Note: This is a cross-chapter check often found in prelims).
Answer Key
1-C, 2-C, 3-B, 4-C, 5-C, 6-B, 7-A, 8-D, 9-B, 10-C, 11-C, 12-C, 13-B, 14-B, 15-B, 16-B, 17-C, 18-B, 19-C, 20-C, 21-B, 22-C, 23-B, 24-C, 25-A, 26-B, 27-False, 28-C, 29-B, 30-C.
Here are the 10 advanced problem-based questions for Chapter XIV: Jurisdiction of the Criminal Courts in Inquiries and Trials (Sections 197–209), with the answer key provided at the end.
BNSS Chapter XIV: Advanced Problem-Based Practice Set
Q1. 'A' administers a slow-acting poison to 'B' in District X. 'B' then travels to District Y, where he eventually succumbs to the poison and dies. Under Section 199, where can the trial for murder be held?
A) Only in District X where the act was done.
B) Only in District Y where the consequence (death) ensued.
C) In either District X or District Y.
D) Only in the district where 'A' is eventually arrested.
Q2. 'X' is accused of a robbery that took place in a moving train. The train passed through the jurisdictions of three different Sessions Divisions—A, B, and C. According to Section 198, which Court is competent to try the case?
A) Only the Court at the train's starting point.
B) Only the Court at the train's final destination.
C) Any Court having jurisdiction over any of the local areas through which the train passed.
D) Only the High Court of the State where the robbery was first discovered.
Q3. 'P' is kidnapped in Mumbai and subsequently conveyed through Surat, eventually being detained in a house in Ahmedabad. Under Section 201(2), which Court has the jurisdiction to try the offence?
A) Only the Mumbai Court.
B) Only the Ahmedabad Court.
C) Any Court in Mumbai, Surat, or Ahmedabad.
D) Only the Court in the capital of the state where the victim is found.
Q4. (New BNSS Scenario) 'K', sitting in Kolkata, sends a series of fraudulent telecommunication messages to 'L' in Mumbai, inducing 'L' to transfer money to a bank account in Delhi. Under Section 202, where can the trial for cheating take place?
A) Only in Kolkata (where messages were sent).
B) Only in Mumbai (where messages were received).
C) Only in Delhi (where the property was received).
D) In Kolkata, Mumbai, or Delhi.
Q5. 'Z' is charged with criminal breach of trust regarding property he received in Nagpur but was required to account for in Pune. He fails to do so. Under Section 201(4), where can the trial be initiated?
A) Only Nagpur.
B) Only Pune.
C) Either Nagpur or Pune.
D) Only the district where 'Z' resides.
Q6. Two different Courts, one in Ambala and one in Karnal, have both taken cognizance of the same offence. Both Courts are subordinate to the same High Court. If a doubt arises as to which Court should proceed, who has the authority to decide under Section 206?
A) The State Government.
B) That High Court.
C) The Sessions Judge of Ambala.
D) The Supreme Court of India.
Q7. An Indian citizen, 'G', commits a serious financial fraud while working in London. He is later found in Goa. Under Section 208, can he be tried in Goa for this offence?
A) No, India has no jurisdiction over crimes committed in London.
B) Yes, but only with the permission of the London Metropolitan Police.
C) Yes, provided the previous sanction of the Central Government is obtained.
D) No, he must be extradited to the UK for trial.
Q8. A Magistrate of the first class in Jaipur believes that 'S', who is currently in Jaipur, committed an offence in Hyderabad. The offence is triable in India but not within the Jaipur Magistrate's ordinary jurisdiction. What is his power under Section 207?
A) He must immediately release 'S' for lack of jurisdiction.
B) He can try 'S' himself as if the crime happened in Jaipur.
C) He may compel 'S' to appear before him and then send 'S' to the competent Magistrate in Hyderabad.
D) He must refer the matter to the Supreme Court.
Q9. 'D' is found in possession of stolen property in Chennai. The property was originally stolen in Madurai. Under Section 201(5), where can 'D' be tried for the offence of possessing stolen property?
A) Only in Madurai where the theft occurred.
B) Only in Chennai where the property was found.
C) In either Madurai or Chennai.
D) Only in the High Court of Tamil Nadu.
Q10. 'A' commits an act in District 1 which is an offence by reason of its relation to another offence committed in District 2. According to Section 200, which Court can try the first-mentioned offence?
A) Only the Court in District 1.
B) Only the Court in District 2.
C) The Court in either District 1 or District 2.
D) Only a Special Court designated by the State Government.
Answer Key
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C (Under Section 199, an offence may be tried where the act is done or the consequence ensues).
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C (Under Section 198, if an offence is committed during a journey, it may be tried by any Court through whose jurisdiction the person or thing passed).
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C (Under Section 201(2), kidnapping/abduction may be tried where the person was kidnapped or conveyed/concealed/detained).
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D (Section 202 allows trial where electronic messages were sent or received, and where the property was received).
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C (Under Section 201(4), criminal breach of trust may be tried where the property was received or where it was required to be returned/accounted for).
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B (Section 206(a) mandates that if Courts are subordinate to the same High Court, that High Court decides the venue).
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C (Section 208 allows for the trial of offences committed outside India by citizens, provided Central Government sanction is obtained).
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C (Section 207 empowers a Magistrate to compel appearance for an offence committed beyond local limits and then send the person to the competent Magistrate).
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C (Under Section 201(5), an offence of possessing stolen property may be tried where the property was stolen or where it was possessed by the person receiving it).
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C (Section 200 allows the trial of a related offence to take place in either the Court where the first act was done or where the related act was done).
READY RECKONER
This "GPS of Justice" is your creative ready reckoner for Chapter XIV (Sections 197–209) of the BNSS, 2023. This chapter is the ultimate guide to answering one crucial question: "Which Court actually gets to try this case?"
1. The "Home Base" Rule (Section 197)
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The Ordinary Rule: Every offence shall ordinarily be inquired into and tried by the Court within whose local jurisdiction the crime was actually committed.
2. The "Choose Your Adventure" Scenarios (Section 198)
If a crime doesn't happen neatly in one spot, the law gives options. A Court in any of these local areas can try the case if:
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It is uncertain which of several areas the crime happened in.
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The offence was committed partly in one area and partly in another.
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It is a continuing offence that keeps happening across different areas.
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The offence consists of several acts done in different local areas.
3. The "Action & Reaction" Rule (Section 199)
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The Logic: If 'A' does an act in District X, but the consequence happens in District Y (like a slow poison administered in one city leading to death in another), the trial can be held in either District X or District Y.
4. The Specific Offence "Hubs" (Section 201)
The sources provide specialized rules for specific crimes to ensure the most logical venue:
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Dacoity: Where the crime happened OR where the accused is found.
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Kidnapping/Abduction: Where the person was taken OR where they were conveyed, concealed, or detained.
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Theft/Robbery: Where the act occurred OR where the stolen property was possessed, received, or retained.
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Criminal Breach of Trust: Where the property was received/retained OR where it was required to be returned or accounted for.
5. The NEW "Digital Frontier" (Section 202)
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The Upgrade: This new BNSS provision handles modern deception.
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Electronic Cheating: If cheating happens via electronic communications (WhatsApp, Email, etc.) or letters, it can be tried where the messages were sent OR received.
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Property Delivery: If the cheating involved inducing someone to deliver property, the trial can also happen where the property was delivered or received.
6. Crime on the Move (Section 203)
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The Scenario: If an offence happens during a journey or voyage (on a train, plane, or boat).
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The Venue: Any Court through or into whose jurisdiction the person or thing passed during that journey has the power to try the case.
7. The "Power Players" (Sections 205–206)
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The State Government (S. 205): Can direct that cases committed for trial in one district be tried in a different sessions division, provided this doesn't conflict with High Court or Supreme Court orders.
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The High Court (S. 206): In case of a doubt between Courts subordinate to the same High Court, that High Court decides which district shall hold the trial.
8. The "International Reach" (Sections 208–209)
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Offences Outside India (S. 208): If an Indian citizen commits a crime abroad (or a non-citizen does so on an Indian-registered ship/aircraft), they are dealt with as if the crime happened at the place in India where they are found.
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The Mandatory "Stamp": Such cases cannot be inquired into or tried without the previous sanction of the Central Government.
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Evidence (S. 209): The Central Government can direct that depositions or exhibits recorded by foreign judicial or diplomatic officers be received as evidence in the Indian trial.
Quick Revision Tip: "The 3-E Test" When looking for jurisdiction, check:
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Event: Where did the act happen? (S. 197)
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Effect: Where did the consequence ensue? (S. 199)
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Electronic: Was it a digital message? (S. 202)