Section 197 of BNSS, 2023 — Ordinary Place of Inquiry and Trial

Introduction

Section 197 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the general rule regarding the territorial jurisdiction of criminal courts for inquiry and trial.

The basic principle is that an offence should ordinarily be inquired into and tried by a court having jurisdiction over the local area where the offence was committed. This rule provides the normal territorial forum for criminal proceedings.

Section 197 is part of Chapter XIV, which deals with the jurisdiction of criminal courts in inquiries and trials. The provision substantially continues the rule contained in Section 177 of the Code of Criminal Procedure, 1973.

Meaning of Section 197

Section 197 embodies the ordinary rule of territorial jurisdiction in criminal proceedings.

The provision states:

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

Thus, the place where the offence was committed is ordinarily the place where the criminal court having territorial jurisdiction will conduct the inquiry and trial.

The word “ordinarily” is significant because the rule is subject to specific exceptions contained in the succeeding provisions of Chapter XIV.

Statutory Basis

The principal provision is:

• Section 197, BNSS, 2023 — Ordinary place of inquiry and trial.
• Section 198 — Place of inquiry or trial in cases involving uncertainty, offences committed in different areas, continuing offences and several acts performed in different areas.
• Section 199 — Offence triable where the act is done or the consequence ensues.
• Section 200 — Place of trial where an act is an offence because of its relation to another offence.
• Section 201 — Place of trial in certain specified offences.
• Section 202 — Offences committed by means of electronic communications, letters, etc.
• Section 203 — Offence committed on a journey or voyage.
• Section 204 — Place of trial for offences triable together.

These provisions collectively establish the territorial jurisdiction framework under Chapter XIV.

Object and Purpose

Section 197 seeks to establish the normal territorial forum for criminal proceedings.

The rule is based on practical considerations. Ordinarily, the place where an offence occurs is the place where:

• the witnesses are available;
• relevant evidence is located;
• the scene of the offence can be examined;
• the investigation is most closely connected with the occurrence; and
• the prosecution can ordinarily be conducted most conveniently.

The provision therefore provides a basic jurisdictional rule while allowing subsequent provisions to deal with offences having connections with more than one place.

Nature of Section 197

Section 197 is a procedural provision concerning territorial jurisdiction.

It does not create an offence or prescribe punishment. Instead, it determines the ordinary territorial forum for inquiry and trial.

The rule is not absolute because the expression “ordinarily” recognises that the BNSS provides alternative forums in specified circumstances.

Essential Elements

1. There must be an offence

Section 197 applies to criminal offences that are subject to inquiry and trial under the BNSS framework.

2. The place where the offence was committed must be identified

The ordinary territorial jurisdiction is determined by identifying the local area in which the offence was committed.

3. The court must have local jurisdiction over that area

The offence is ordinarily inquired into and tried by a court having territorial jurisdiction over the local area where the offence was committed.

4. The rule is subject to exceptions

Section 197 establishes the ordinary rule rather than an absolute rule. Sections 198 onwards provide circumstances in which a court in another connected local area may have jurisdiction.

Procedure for Determining the Ordinary Place of Trial

The basic approach under Section 197 can be understood as follows:

1. Identify the offence alleged to have been committed.
2. Determine where the offence was committed.
3. Identify the local jurisdiction covering that place.
4. The competent criminal court within that local jurisdiction is ordinarily the appropriate forum for inquiry and trial.
5. Check whether a special jurisdictional rule under Sections 198 onwards applies.
6. If an exception applies, the proceedings may be conducted in accordance with the applicable special provision.

Exceptions to the Ordinary Rule

Section 197 must be read together with the other provisions of Chapter XIV.

Offence Connected With More Than One Local Area

Section 198 applies where:

• it is uncertain in which of several local areas the offence was committed;
• the offence was committed partly in one local area and partly in another;
• the offence is continuing and continues in more than one local area; or
• the offence consists of several acts performed in different local areas.

In these situations, a court having jurisdiction over any of the relevant local areas may inquire into or try the offence.

Act and Consequence Occurring in Different Places

Section 199 applies where an act constitutes an offence because of something done and a consequence that ensues.

The offence may be tried by a court having jurisdiction over:

• the place where the relevant act was done; or
• the place where the consequence ensued.

Offence Related to Another Offence

Under Section 200, where an act constitutes an offence because of its relationship to another act that is itself an offence, or would be an offence if the person were capable of committing an offence, the first offence may be tried where either act was done.

Certain Special Offences

Section 201 provides special rules for particular offences, including specified offences such as dacoity, kidnapping or abduction and other offences covered by that provision.

Electronic Communications and Letters

Section 202 contains a special jurisdictional rule for offences committed through electronic communications, letters and similar means.

This is particularly relevant where the physical location of the accused, the communication and the effect of the communication may be different.

Offence Committed During a Journey or Voyage

Section 203 provides a special rule for an offence committed during a journey or voyage.

This prevents the ordinary territorial rule from creating jurisdictional difficulties where an offence occurs while the person or conveyance is moving through different jurisdictions.

Important Distinctions

Ordinary Jurisdiction and Special Jurisdiction

Section 197 establishes the ordinary territorial rule. Sections 198 onwards provide special situations in which jurisdiction may extend to another connected local area.

Therefore, Section 197 should not be applied in isolation where the facts fall within one of the statutory exceptions.

Inquiry and Trial

Section 197 uses both the expressions “inquired into” and “tried.”

An inquiry is different from a trial. Inquiry generally refers to an inquiry conducted by a Magistrate or court other than a trial, while trial refers to the adjudication of the criminal charge.

The section establishes territorial jurisdiction for both.

Territorial Jurisdiction and Subject-Matter Jurisdiction

Section 197 primarily concerns territorial jurisdiction, meaning the geographical area within which a criminal court may ordinarily exercise jurisdiction.

It should not be confused with the question of whether a particular court is competent by reason of the nature or seriousness of the offence.

BNSS and CrPC

Section 197 BNSS corresponds to Section 177 of the CrPC, 1973.

The basic rule is substantially unchanged.

Under Section 177 CrPC:

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

Section 197 BNSS retains the same fundamental principle.

Therefore:

• CrPC Section 177: Ordinary place of inquiry and trial.
• BNSS Section 197: Ordinary place of inquiry and trial.
• Core rule: The offence is ordinarily tried where it was committed.
• Nature of change: Primarily a renumbering and restructuring of the statutory framework rather than a change to the basic territorial principle.

The subsequent exceptions have also been reorganised under the corresponding provisions of Chapter XIV of BNSS.

Relationship With BNS and BSA

The three new criminal laws operate in different fields:

• Bharatiya Nyaya Sanhita, 2023 (BNS) defines substantive criminal offences and punishments.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides the procedural framework, including territorial jurisdiction.
• Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the law of evidence.

Thus, when an offence under BNS is committed, Section 197 BNSS helps determine the ordinary territorial court in which the offence is to be inquired into and tried.

Examples

Example 1: Offence Committed in Chennai

A person commits theft in Chennai. Ordinarily, the offence should be inquired into and tried by the competent criminal court having territorial jurisdiction over the place in Chennai where the offence was committed.

Example 2: Offence Committed in Two Areas

A criminal act begins in one local area and is completed in another.

If the facts fall within Section 198, the offence may be inquired into or tried by a court having jurisdiction over either relevant local area.

Example 3: Act in One Place and Consequence in Another

A person performs an act in one city and the legally relevant consequence occurs in another city.

Where Section 199 applies, the offence may be tried by a court having jurisdiction over either the place where the act was done or the place where the consequence ensued.

Common Confusions

Does Section 197 mean that an offence can only be tried where it was committed?

No.

Section 197 states the ordinary rule. The word “ordinarily” leaves room for the special jurisdictional rules contained in subsequent provisions of Chapter XIV.

What is the basic test under Section 197?

The basic test is the place where the offence was committed.

Is Section 197 about territorial jurisdiction?

Yes.

It establishes the ordinary territorial jurisdiction for criminal inquiry and trial.

Is Section 197 the same as Section 197 of the old CrPC?

No.

The corresponding CrPC provision is Section 177. Section 197 CrPC dealt with a different subject concerning prosecution of judges and public servants.

What happens when an offence occurs in more than one local area?

Section 198 may apply. Depending on the circumstances, the offence may be inquired into or tried by a court having jurisdiction over any of the relevant local areas.

Important BNSS Provisions

• Section 197: Ordinary place of inquiry and trial.
• Section 198: Place of inquiry or trial in cases involving multiple or uncertain local areas.
• Section 199: Trial where the act is done or consequence ensues.
• Section 200: Trial where an offence is related to another offence.
• Section 201: Place of trial for certain specified offences.
• Section 202: Offences committed through electronic communications, letters, etc.
• Section 203: Offence committed on a journey or voyage.
• Section 204: Place of trial for offences triable together.

Topic at a Glance

• Topic: Ordinary place of inquiry and trial
• BNSS Section: Section 197
• Chapter: Chapter XIV
• Subject: Territorial jurisdiction of criminal courts
• Basic rule: An offence is ordinarily inquired into and tried where it was committed.
• Corresponding CrPC provision: Section 177
• Nature: Procedural rule concerning territorial jurisdiction
• Key qualification: The rule is subject to exceptions contained in subsequent provisions
• Important connected provisions: Sections 198 to 204 BNSS

Quick Revision

1. Section 197 BNSS lays down the ordinary rule regarding the place of criminal inquiry and trial.
2. The offence is ordinarily tried by the court within whose local jurisdiction it was committed.
3. The provision concerns territorial jurisdiction.
4. The word “ordinarily” indicates that the rule is subject to statutory exceptions.
5. Section 198 deals with offences connected with more than one local area or where the place of commission is uncertain.
6. Section 199 permits trial where the relevant act was done or where its consequence ensued.
7. Section 200 deals with offences connected with another offence.
8. Section 202 provides a special rule for offences involving electronic communications, letters and similar means.
9. Section 197 BNSS corresponds to Section 177 CrPC.
10. The basic territorial-jurisdiction principle remains substantially unchanged under BNSS.
11. Section 197 does not determine punishment or create an offence; it determines the ordinary territorial forum for inquiry and trial.
12. For jurisdictional questions, Section 197 must be read together with the other provisions of Chapter XIV.

ALSO READ: Section 196 – Inquiry by Magistrate into cause of death

Conclusion

Section 197 of the BNSS establishes the foundational rule of territorial jurisdiction in criminal proceedings: an offence should ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. The rule promotes practical and orderly criminal adjudication while the succeeding provisions of Chapter XIV accommodate offences involving multiple places, consequences occurring elsewhere, electronic communications, journeys and other special circumstances.