Introduction
Section 203 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a special rule for determining the place of inquiry or trial where an offence is committed while a person is travelling or undertaking a voyage.
The provision addresses situations where an offence takes place during a journey and the exact territorial jurisdiction of the place of commission may be difficult to determine. It allows the offence to be dealt with by a Court having jurisdiction over a place through which the person, vehicle or vessel passed during the journey or voyage.
Statutory Basis
Section 203 of BNSS deals with an offence committed on a journey or voyage.
It provides that where an offence is committed while a person is travelling or on a voyage, the offence may be inquired into or tried by a Court through or over whose local jurisdiction that person or the relevant vehicle or vessel passed during the journey or voyage.
Meaning of Section 203
Section 203 deals with offences committed during transportation or travel across different territorial jurisdictions.
A journey may pass through several districts or States. Similarly, a voyage may involve movement through different territorial areas.
Instead of making territorial jurisdiction dependent upon identifying one precise location during the journey, Section 203 permits inquiry or trial in a Court having jurisdiction over a place through or over which the relevant journey or voyage took place.
Object and Purpose
The purpose of Section 203 is to avoid jurisdictional difficulties when an offence occurs during a journey or voyage.
A moving vehicle or vessel may pass through several jurisdictions, making it difficult to determine the exact territorial location where the offence occurred.
The provision therefore provides a practical jurisdictional rule for offences committed during travel.
Essential Elements
1. An Offence Must Be Committed
There must be an offence falling within the scope of the provision.
Section 203 does not create a new criminal offence. It only determines the place where an existing offence may be inquired into or tried.
2. The Offence Must Be Committed During a Journey or Voyage
The offence must be committed while the relevant person is undertaking a journey or voyage.
The provision is therefore concerned with offences occurring in the course of travel.
3. Connection with the Journey or Voyage
The relevant person, vehicle or vessel must have passed through or over the local jurisdiction of the Court concerned during the journey or voyage.
This provides the territorial connection necessary for the Court to exercise jurisdiction.
How Section 203 Operates
The provision can be understood through the following sequence:
- An offence occurs during a journey or voyage.
- The journey or voyage involves movement through or over more than one territorial jurisdiction.
- The relevant places through which the journey or voyage passed are identified.
- A Court having jurisdiction over such a place may have jurisdiction to inquire into or try the offence.
- The criminal proceeding is then conducted according to the applicable provisions of BNSS.
The provision therefore prevents the movement of the accused, victim, vehicle or vessel from creating an impractical territorial jurisdiction problem.
Examples
Example 1: Offence on a Train
A passenger commits an offence while travelling by train. The train passes through several districts before reaching its destination.
If the offence is committed during the journey, Section 203 provides a special basis for determining the Court before which the offence may be inquired into or tried, based on the jurisdiction through or over which the journey passed.
Example 2: Offence on a Bus
A person commits an offence while travelling on a bus between two cities. The bus passes through several districts.
The fact that the vehicle was moving through different jurisdictions does not prevent the offence from being tried. Section 203 provides the territorial jurisdictional mechanism for such circumstances.
Example 3: Offence During a Voyage
An offence is committed during a voyage by a vessel.
Where the vessel passes through or over different territorial jurisdictions during the voyage, Section 203 provides a special rule for determining the appropriate Court.
Important Distinctions
Section 203 and Ordinary Territorial Jurisdiction
The ordinary rules of territorial jurisdiction generally connect the offence with the place where it was committed.
Section 203 deals with the special situation of an offence committed during a journey or voyage, where movement through different jurisdictions makes the ordinary rule difficult to apply.
Journey and Voyage
A journey generally concerns travel from one place to another, including travel by land or other modes of transportation.
A voyage is ordinarily associated with travel by water or sea.
Section 203 specifically recognises both situations.
Section 203 and Section 202
Section 202 deals with offences committed through electronic communications, letters and similar means and identifies the places from which communications are sent or where they are received.
Section 203 deals with offences committed during a journey or voyage.
The two provisions therefore address different territorial jurisdiction problems.
BNSS and CrPC
Section 203 of BNSS broadly corresponds to Section 183 of the Code of Criminal Procedure, 1973.
The basic principle has been retained: where an offence is committed during a journey or voyage, special territorial jurisdiction rules apply so that the offence can be tried despite the movement of the person or vehicle involved.
The provision should therefore be understood as part of the BNSS framework governing territorial jurisdiction of criminal Courts.
Relationship with BNS and BSA
The Bharatiya Nyaya Sanhita, 2023 (BNS) determines the substantive criminal offences.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) determines the procedural framework, including the place where criminal proceedings may be conducted.
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the evidentiary rules applicable to the prosecution and defence.
Section 203 is therefore concerned specifically with territorial jurisdiction, rather than with the ingredients or proof of the underlying offence.
Important BNSS Provisions
- Section 197: Ordinary place of inquiry and trial.
- Section 198: Place of inquiry or trial.
- Section 199: Offence committed by reason of anything which has been done and of consequence which has ensued.
- Section 200: Offence by reason of relation to other offence.
- Section 201: Place of trial in case of certain offences.
- Section 202: Offences committed by means of electronic communications, letters, etc.
- Section 203: Offence committed on journey or voyage.
- Section 204: Offences triable together.
- Section 206: High Court to decide, in case of doubt, district where inquiry or trial shall take place.
Common Confusions
Does Section 203 create a separate offence?
No.
Section 203 is a procedural provision. It determines the territorial jurisdiction for an offence committed during a journey or voyage.
Does the offence have to be committed at the final destination?
No.
The offence may be committed during the journey or voyage. The provision specifically addresses offences occurring while travel is taking place.
Does movement across different jurisdictions prevent prosecution?
No.
Section 203 exists precisely to deal with the territorial difficulties created by offences committed during journeys or voyages.
Is Section 203 applicable to every offence committed during travel?
Section 203 provides the jurisdictional rule for an offence committed on a journey or voyage. Its application must be determined according to the facts of the case and the statutory requirements of the provision.
Quick Revision
- Section 203 BNSS deals with an offence committed on a journey or voyage.
- It is a special rule of territorial jurisdiction.
- It applies where an offence is committed during travel.
- The provision addresses the difficulty of determining jurisdiction when the relevant journey or voyage passes through different territorial areas.
- A Court having jurisdiction over a place through or over which the relevant journey or voyage passed may have jurisdiction in accordance with the provision.
- Section 203 does not create a new offence.
- It broadly corresponds to Section 183 CrPC, 1973.
- Section 203 should be read with the other BNSS provisions governing the place of inquiry and trial.
ALSO READ: Section 202 – Offences committed by means of electronic communications, letters, etc.
Conclusion
Section 203 of the BNSS provides a practical territorial jurisdiction rule for offences committed during journeys or voyages. By recognising the movement involved in travel, the provision prevents uncertainty about the appropriate Court merely because the offence occurred while the person, vehicle or vessel was in transit.
