Section 198 of BNSS, 2023 — Place of Inquiry or Trial

Introduction

Section 198 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the rules for determining the place of inquiry or trial when an offence cannot conveniently be confined to the ordinary territorial jurisdiction prescribed under Section 197.

Section 197 lays down the general rule that an offence is ordinarily inquired into and tried by a court within whose local jurisdiction it was committed. Section 198 provides important exceptions where the offence is connected with two or more local areas, is partly committed in different areas, is a continuing offence, or consists of several acts performed in different areas.

The provision therefore prevents technical territorial boundaries from defeating or unnecessarily complicating criminal proceedings.

Meaning of Section 198

Section 198 deals with situations in which determining one exclusive place of commission of an offence is difficult or inappropriate.

It applies in four principal situations:

1. Where it is uncertain in which of several local areas an offence was committed.
2. Where an offence is committed partly in one local area and partly in another.
3. Where an offence is a continuing offence and continues to be committed in more than one local area.
4. Where an offence consists of several acts done in different local areas.

In these circumstances, the offence may be inquired into or tried by a court having jurisdiction over any of the relevant local areas.

Statutory Basis

The principal provision is:

• Section 197 BNSS — Ordinary place of inquiry and trial.
• Section 198 BNSS — Place of inquiry or trial.
• Section 199 BNSS — Place of inquiry or trial where act is done or consequence ensues.
• Section 200 BNSS — Place of inquiry or trial where act is an offence by reason of relation to other offence.
• Section 201 BNSS — Place of inquiry or trial in certain specified offences.

Section 198 should therefore be read as part of the broader territorial-jurisdiction framework under Chapter XIV. The BNSS framework distinguishes investigation, inquiry and trial and requires these concepts not to be treated interchangeably.

Object and Purpose

The purpose of Section 198 is to provide a practical jurisdictional solution where an offence has a connection with more than one geographical area.

Without such a provision, an accused could potentially challenge proceedings merely because it is difficult to identify one exclusive place where the entire offence occurred.

Section 198 therefore facilitates:

• effective criminal adjudication;
• proper territorial jurisdiction;
• prosecution of offences occurring across multiple areas;
• treatment of continuing offences;
• trial of offences involving several acts performed in different places.

Essential Elements

1. Uncertainty Regarding the Local Area

Where it is uncertain in which of several local areas an offence was committed, the offence may be inquired into or tried by a court having jurisdiction over any of those local areas.

The provision therefore prevents uncertainty about the precise location of the offence from defeating the prosecution.

2. Offence Partly Committed in Different Local Areas

Where an offence is committed partly in one local area and partly in another, either area may provide territorial jurisdiction.

The offence does not have to be completed entirely within one jurisdiction.

Example:
A criminal act begins in Area A and is completed in Area B. Where the facts fall within Section 198, a competent court in either Area A or Area B may inquire into or try the offence.

3. Continuing Offence

Section 198 also applies to a continuing offence which continues to be committed in more than one local area.

A continuing offence is one whose unlawful effect or conduct continues over a period rather than being confined to a single completed act.

Where such an offence continues across different local jurisdictions, each relevant local area may provide a forum for inquiry or trial.

4. Several Acts Done in Different Local Areas

Section 198 further covers an offence consisting of several acts performed in different local areas.

Where the offence is constituted by a series of acts and those acts occur in different jurisdictions, a court having jurisdiction over any of those areas may inquire into or try the offence.

Four Situations Under Section 198

For examination purposes, Section 198 can be remembered through four situations:

Uncertain place → Partly different places → Continuing offence → Several acts in different places

Situation 1 — Uncertain Place

The offence occurred somewhere within several possible local areas, but it cannot be determined precisely where.

Result: Any competent court having jurisdiction over one of those areas may inquire into or try it.

Situation 2 — Partly in Different Areas

The offence was committed partly in one area and partly in another.

Result: Either relevant local area may have jurisdiction.

Situation 3 — Continuing Offence

The offence continues over more than one local area.

Result: A court in any relevant continuing area may have jurisdiction.

Situation 4 — Several Acts

The offence consists of several acts and those acts were performed in different areas.

Result: A court having jurisdiction over any relevant area may inquire into or try the offence.

Procedure for Determining Jurisdiction

When Section 198 is potentially applicable:

1. Identify the offence alleged.
2. Determine whether the offence has a connection with more than one local area.
3. Identify which of the four circumstances under Section 198 applies.
4. Identify the local areas connected with the offence.
5. A competent criminal court having jurisdiction over any such local area may inquire into or try the offence.
6. If another special territorial rule under Sections 199 onwards applies, that provision must also be considered.

Section 198 therefore operates as an exception to the ordinary territorial rule in Section 197.

Section 197 and Section 198

Section 197 — Ordinary Rule

Section 197 provides the general principle:

Offence committed in a particular local area → ordinarily tried in that local area.

Section 198 — Multiple or Uncertain Local Areas

Section 198 applies when the offence:

• may have been committed in any of several areas;
• was partly committed in different areas;
• is continuing across different areas; or
• consists of several acts performed in different areas.

Thus:

Section 197 = ordinary territorial rule

Section 198 = alternative territorial jurisdiction in specified circumstances

Nature of the Provision

Section 198 is a procedural provision concerning territorial jurisdiction.

It does not:

• create a criminal offence;
• prescribe punishment;
• determine whether an accused is guilty; or
• establish the ingredients of an offence.

Instead, it determines which territorial court may conduct the inquiry or trial when an offence has a connection with more than one local area.

Important Distinctions

Section 197 vs Section 198 BNSS

Section 197 establishes the ordinary place of inquiry and trial based on the place where the offence was committed.

Section 198 addresses situations where the offence cannot appropriately be restricted to one local area.

Section 198 vs Section 199 BNSS

Section 198 deals primarily with uncertainty, multiple places of commission, continuing offences and several acts in different areas.

Section 199 deals with situations where the act is done in one place but the consequence ensues in another.

These are distinct jurisdictional situations and should not be treated as identical.

Territorial Jurisdiction vs Jurisdiction Over the Offence

Section 198 concerns where the offence may be tried. It does not by itself determine which court has jurisdiction based on the nature or punishment of the offence.

The appropriate court must still have the required legal competence to inquire into or try that offence.

BNSS and CrPC

Section 198 BNSS substantially corresponds to Section 178 of the Code of Criminal Procedure, 1973.

The basic territorial-jurisdiction principle has been retained.

Under the earlier CrPC framework, Section 178 dealt with situations where:

• the place of commission was uncertain;
• the offence was committed partly in different local areas;
• the offence was continuing and continued in different local areas; or
• the offence consisted of several acts done in different local areas.

The BNSS retains this fundamental framework in Section 198.

Therefore, the provision represents continuity rather than a fundamental change in the underlying territorial-jurisdiction rule.

The master framework requires CrPC comparisons to distinguish what has continued from what has actually changed rather than assuming that every similarly numbered or similarly worded provision has the same legal effect.

Relationship With BNS and BSA

The three new criminal laws have different functions:

• Bharatiya Nyaya Sanhita, 2023 (BNS) — defines offences and prescribes punishments.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — establishes criminal procedure, including territorial jurisdiction.
• Bharatiya Sakshya Adhiniyam, 2023 (BSA) — governs the law of evidence.

Thus, where an offence under BNS is connected with several territorial areas, Section 198 BNSS helps determine the appropriate territorial forum for its inquiry or trial. The procedural and evidentiary functions of BNSS and BSA must be kept distinct.

Examples

Example 1 — Uncertain Place

A person is assaulted while travelling through an area covering two different police jurisdictions. The precise location where the offence occurred cannot be established.

If the facts fall within Section 198, a competent court having jurisdiction over either relevant local area may inquire into or try the offence.

Example 2 — Partly Committed in Two Areas

A criminal act begins in Area A and is completed in Area B.

Because the offence was committed partly in each area, a competent court in either relevant local area may have jurisdiction under Section 198.

Example 3 — Continuing Offence

A continuing unlawful act begins in Area A and continues into Area B.

Where the offence continues to be committed in both areas, Section 198 permits inquiry or trial by a competent court having jurisdiction over either relevant area.

Example 4 — Several Acts

An offence consists of several acts, with one act performed in Area A and another in Area B.

Where the offence is constituted by those several acts, Section 198 permits inquiry or trial in either relevant local area.

Common Confusions

Does Section 198 apply to every offence committed outside one local area?

No.

It applies only where the facts fall within one of the specific situations recognised by Section 198.

Does Section 198 eliminate the rule in Section 197?

No.

Section 197 remains the ordinary rule. Section 198 provides an alternative where the offence has the specified multi-area or uncertain territorial connection.

Can an offence be tried in two courts simultaneously?

Section 198 identifies courts that may have territorial jurisdiction. It does not mean that the same offence should ordinarily be simultaneously tried in multiple courts. The applicable procedural rules determine the proper conduct of the proceedings.

Is a continuing offence the same as an offence committed once?

No.

A continuing offence involves conduct or an unlawful state of affairs that continues over time and may extend across more than one local jurisdiction.

Does Section 198 concern investigation or only inquiry and trial?

The section specifically concerns the place of inquiry or trial. Investigation is a distinct stage of criminal procedure and should not be conflated with inquiry or trial.

Important BNSS Provisions

• Section 197: Ordinary place of inquiry and trial.
• Section 198: Place of inquiry or trial where the offence is uncertain, occurs partly in different areas, continues across areas, or consists of several acts in different areas.
• Section 199: Place of inquiry or trial where an act is done in one place and its consequence ensues elsewhere.
• Section 200: Place of inquiry or trial where an act constitutes an offence by reason of its relation to another offence.
• Section 201: Place of inquiry or trial in certain specified offences.

The master framework recommends listing only provisions genuinely connected with the topic rather than creating a long list of unrelated provisions.

Topic at a Glance

• Topic: Place of inquiry or trial
• BNSS Section: Section 198
• Subject: Territorial jurisdiction
• General rule: Section 197 provides the ordinary place of inquiry and trial.
• Section 198 applies when: The offence is uncertain in location, partly committed in different areas, continuing across areas, or consists of several acts in different areas.
• Effect: A competent court in any relevant local area may inquire into or try the offence.
• Corresponding CrPC provision: Section 178
• Nature: Procedural provision
• Key principle: Territorial boundaries do not prevent trial where the offence has a statutory connection with multiple local areas.

Quick Revision

1. Section 198 BNSS deals with the place of inquiry or trial in special territorial situations.
2. It is an important exception to the ordinary rule under Section 197.
3. It applies when the place of commission of the offence is uncertain among several local areas.
4. It applies when the offence is committed partly in one local area and partly in another.
5. It applies to a continuing offence that continues in more than one local area.
6. It applies where an offence consists of several acts done in different local areas.
7. In these situations, a competent court having jurisdiction over any relevant local area may inquire into or try the offence.
8. Section 198 concerns territorial jurisdiction, not the ingredients or punishment of an offence.
9. Section 198 BNSS corresponds substantially to Section 178 CrPC.
10. Section 198 must be distinguished from Section 199, which deals with the place where an act is done or its consequence ensues.
11. Section 197 is the ordinary rule, while Section 198 provides jurisdiction in specified multi-area or uncertain-location situations.
12. Inquiry and trial are distinct from investigation and should not be used interchangeably.

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

Conclusion

Section 198 of the BNSS provides flexibility in determining the territorial court for criminal proceedings where an offence cannot be confined to a single local area. It covers uncertain places of commission, offences partly committed in different areas, continuing offences extending across jurisdictions, and offences consisting of several acts performed in different areas. The provision substantially continues the earlier Section 178 CrPC framework and works alongside Section 197 and the subsequent territorial-jurisdiction provisions of Chapter XIV.