Section 199 of BNSS, 2023 — Offence Triable Where Act is Done or Consequence Ensues

Introduction

Section 199 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a special rule of territorial jurisdiction where an act is done in one place but the consequence of that act ensues in another place.

The provision allows the offence to be inquired into or tried by a court having jurisdiction over either the place where the act was done or the place where the consequence ensued.

It is an important exception to the ordinary rule under Section 197 BNSS, which generally places inquiry and trial where the offence was committed.

Meaning of Section 199

The basic principle under Section 199 is:

Act done in one place + consequence ensues in another place = jurisdiction may exist in either place.

Therefore, the territorial jurisdiction of the criminal court is not necessarily restricted to the place where the accused performed the physical act.

Where the offence results in a consequence in another local area, that place may also have jurisdiction.

Statutory Basis

The relevant provisions are:

• Section 197 BNSS — Ordinary place of inquiry and trial.
• Section 198 BNSS — Place of inquiry or trial in cases involving uncertainty or multiple local areas.
• Section 199 BNSS — Offence triable 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 another offence.

Section 199 therefore forms part of the territorial-jurisdiction framework under Chapter XIV of the BNSS.

Object and Purpose

The purpose of Section 199 is to prevent an offender from escaping territorial jurisdiction merely because the harmful consequence of an act occurs somewhere different from where the act itself was performed.

It recognises that some offences have a dual territorial connection:

• the place where the accused performs the relevant act; and
• the place where the legal consequence of that act occurs.

The provision therefore provides flexibility while maintaining a clear statutory basis for territorial jurisdiction.

Essential Elements

1. An Act Must Be Done

There must be an act performed by the accused or the relevant person.

The place where this act occurs is one possible place of jurisdiction.

2. A Consequence Must Ensue

The act must produce a consequence relevant to the offence.

The place where that consequence occurs becomes another possible place of jurisdiction.

3. Act and Consequence May Occur in Different Places

The special rule becomes particularly important where the act occurs in one local area while its consequence occurs in another.

4. Either Relevant Court May Have Jurisdiction

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

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

Core Rule

Section 199 can be remembered through the following formula:

ACT → PLACE A

CONSEQUENCE → PLACE B

TRIAL → PLACE A OR PLACE B

This is the central principle of the provision.

Example

Example 1 — Act in One City, Consequence in Another

A person commits an act in Chennai which causes the legally relevant consequence in Bengaluru.

If the facts constitute an offence falling within Section 199, the offence may be inquired into or tried by a competent court having jurisdiction over:

• Chennai, where the act was done; or
• Bengaluru, where the consequence ensued.

Example 2 — Consequence Occurs Outside the Place of the Act

A person performs an unlawful act in Area A, but the consequence constituting part of the offence occurs in Area B.

Section 199 allows jurisdiction in either relevant area.

Section 197 and Section 199

Section 197 — General Rule

Section 197 provides that an offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.

Section 199 — Special Rule

Section 199 applies where the territorial connection of the offence involves both:

• the place where the act was done; and
• the place where the consequence ensued.

Therefore:

Section 197: Where was the offence committed?

Section 199: Where was the relevant act done, and where did its consequence ensue?

Section 198 and Section 199

These provisions deal with different territorial situations.

Section 198

Section 198 covers circumstances such as:

• uncertainty about the local area where the offence was committed;
• an offence partly committed in different areas;
• continuing offences extending across different areas; and
• offences consisting of several acts performed in different areas.

Section 199

Section 199 specifically deals with the relationship between:

the place of the act and the place of its consequence.

This distinction is important for examinations.

Nature of Section 199

Section 199 is a procedural provision concerning territorial jurisdiction.

It does not:

• create a new criminal offence;
• prescribe punishment;
• determine guilt or innocence; or
• alter the substantive ingredients of an offence.

It simply identifies the territorial courts that may exercise jurisdiction in the circumstances covered by the section.

Procedure for Determining Jurisdiction

When Section 199 is relevant:

1. Identify the offence alleged.
2. Identify the relevant act that constitutes the offence.
3. Determine where that act was done.
4. Identify the consequence that forms part of the offence.
5. Determine where that consequence ensued.
6. A competent court having jurisdiction over either relevant place may inquire into or try the offence.
7. Other special jurisdictional provisions must be considered if the facts also fall within them.

Important Distinctions

Act vs Consequence

The act is the conduct performed by the accused.

The consequence is the legally relevant result that ensues from that conduct.

Section 199 recognises both territorial connections for purposes of criminal inquiry and trial.

Section 199 vs Section 198

Section 198 concerns offences connected with multiple or uncertain places of commission.

Section 199 specifically concerns an act in one place and its consequence in another.

Investigation vs Inquiry or Trial

Section 199 concerns the place of inquiry or trial.

It should not be confused with the separate question of where police investigation may be conducted. The BNSS framework distinguishes investigation, inquiry and trial as different stages of criminal procedure.

BNSS and CrPC

Section 199 BNSS corresponds to Section 179 of the Code of Criminal Procedure, 1973.

The basic rule has been substantially retained.

The earlier Section 179 CrPC similarly provided jurisdiction where an act was done in one local area and the consequence ensued in another.

Therefore, Section 199 represents substantial continuity in the territorial-jurisdiction framework rather than a fundamental departure from the earlier CrPC position.

The source framework requires any CrPC comparison to clearly distinguish provisions that have continued from provisions that have materially changed.

Relationship With BNS and BSA

The three criminal codes operate in separate but connected fields:

• BNS, 2023 defines criminal offences and punishments.
• BNSS, 2023 establishes criminal procedure, including territorial jurisdiction.
• BSA, 2023 governs evidence.

Thus, where an offence defined under BNS involves an act in one place and a legally relevant consequence in another, Section 199 BNSS determines the alternative territorial forums for inquiry or trial.

Common Confusions

Does Section 199 mean that every consequence gives jurisdiction?

No.

The consequence must be relevant to the offence in question. Section 199 is concerned with the legally relevant consequence contemplated by the offence.

Can the offence be tried both where the act occurred and where the consequence occurred?

Yes, where Section 199 applies.

A competent court having jurisdiction over either relevant place may inquire into or try the offence.

Is Section 199 the ordinary rule?

No.

Section 197 provides the ordinary rule. Section 199 is a special territorial-jurisdiction provision dealing with the relationship between an act and its consequence.

Is Section 199 about punishment?

No.

It concerns the place of inquiry or trial, not the punishment prescribed for the offence.

Important BNSS Provisions

• Section 197: Ordinary place of inquiry and trial.
• Section 198: Place of inquiry or trial where the offence involves uncertain or multiple local areas.
• Section 199: Offence triable where the act is done or the consequence ensues.
• Section 200: Place of inquiry or trial where an act is an offence by reason of its relation to another offence.
• Section 201: Place of inquiry or trial in certain specified offences.

Topic at a Glance

• Topic: Offence triable where act is done or consequence ensues
• BNSS Section: Section 199
• Subject: Territorial jurisdiction
• General rule: Section 197
• Special rule: Section 199
• First territorial connection: Place where the act was done
• Second territorial connection: Place where the consequence ensued
• Effect: Either relevant territorial court may inquire into or try the offence
• Corresponding CrPC provision: Section 179
• Nature: Procedural provision
• Key principle: Act in one place + consequence in another = jurisdiction in either relevant place

Quick Revision

1. Section 199 BNSS deals with the place of inquiry or trial where an act is done in one place and its consequence ensues in another.
2. It is a special rule of territorial jurisdiction.
3. The offence may be tried where the act was done.
4. It may also be tried where the consequence ensued.
5. Therefore, two different local areas may have territorial jurisdiction.
6. Section 199 is an exception to the ordinary territorial principle under Section 197.
7. It is different from Section 198, which deals with uncertain places, offences partly committed in different areas, continuing offences and several acts in different areas.
8. Section 199 concerns inquiry and trial, not merely investigation.
9. Section 199 BNSS corresponds substantially to Section 179 CrPC.
10. The provision concerns where an offence may be tried, not whether the accused is guilty or what punishment applies.
11. The relevant consequence must be connected with the offence; not every incidental consequence automatically creates jurisdiction.
12. The provision is part of the territorial-jurisdiction framework under Chapter XIV BNSS.

ALSO READ: Section 198 – Place of inquiry or trial

Conclusion

Section 199 of the BNSS provides a practical rule for offences having a territorial connection with two different places. Where the relevant act is done in one local area but its consequence ensues in another, a competent court in either place may inquire into or try the offence. The provision substantially continues the rule contained in Section 179 CrPC and complements Sections 197 and 198 of the BNSS.

The broader BNSS framework requires the provisions governing territorial jurisdiction to be read together rather than treating each section in isolation.