Section 200 of BNSS, 2023 — Place of Trial Where Act is an Offence by Reason of Relation to Other Offence

Introduction

Section 200 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the territorial jurisdiction of criminal courts where an act constitutes an offence because of its relationship with another offence.

The provision applies where one act becomes an offence by reason of its relation to another act, and that other act is itself an offence or would be an offence if the person who committed it were capable of committing an offence.

In such circumstances, the offence may be inquired into or tried by a Court having jurisdiction over either of the places where the two related acts were committed.

Meaning of Section 200

Section 200 provides a special rule of territorial jurisdiction.

The basic principle is:

When one act is an offence because of its relation to another offence, the offence may be tried where either of the related acts was committed.

The section therefore recognises a connection between two acts and permits the criminal court in either relevant territorial jurisdiction to conduct the inquiry or trial.

Object and Purpose

The purpose of Section 200 is to prevent difficulties in determining territorial jurisdiction where two legally connected acts occur in different places.

Instead of requiring the prosecution to proceed only in one particular locality, the provision permits the offence to be tried in either jurisdiction connected with the related acts.

This facilitates effective criminal proceedings where the acts forming the basis of the offence are geographically separated.

Essential Elements

1. There Must Be an Act Constituting an Offence

The first act must constitute an offence because of its relationship with another act.

2. There Must Be Another Related Act

The first act must have a legal relationship with another act.

3. The Other Act Must Have Criminal Character

The other act must:

• itself be an offence; or
• be an act which would be an offence if the person who committed it were capable of committing an offence.

4. The Acts May Occur in Different Places

The two related acts may be committed in different local jurisdictions.

5. Either Relevant Court May Have Jurisdiction

The offence may be inquired into or tried by a Court having jurisdiction over either place where the two related acts were committed.

Core Rule

The easiest way to remember Section 200 is:

Act A is an offence because of its relation to Act B → Trial may take place where Act A or Act B was committed.

Example

Example 1 — Two Related Acts in Different Areas

Suppose Act A is committed in Area A and Act B is committed in Area B.

If Act A constitutes an offence because of its relation to Act B, Section 200 permits the offence to be inquired into or tried by a competent Court having jurisdiction over:

• Area A, where Act A was committed; or
• Area B, where Act B was committed.

Example 2 — Person Incapable of Committing an Offence

Section 200 also covers a situation where the related act would be an offence if the person who committed it were capable of committing an offence.

Therefore, the section does not require the person responsible for the related act to necessarily be criminally liable.

The relevant question is whether the act would constitute an offence if that person were legally capable of committing one.

Section 197 and Section 200

Section 197 — Ordinary Rule

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

Section 200 — Special Rule

Section 200 provides an alternative territorial jurisdiction where one act is an offence because of its relation to another offence or potentially criminal act.

Therefore:

Section 197 → Ordinary place where offence was committed

Section 200 → Either place where the two related acts were committed

Section 199 and Section 200

These two provisions should not be confused.

Section 199

Section 199 applies where:

• an act is done in one place; and
• the consequence of that act ensues in another place.

The principle is:

Act + Consequence

Section 200

Section 200 applies where:

• one act is an offence because of its relation to another act; and
• the other act is itself an offence or would be an offence if its doer were capable of committing an offence.

The principle is:

Related Act + Related Act

Section 198 and Section 200

Section 198 deals with:

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

Section 200 deals specifically with an offence arising because of its relationship with another offence or potentially criminal act.

Nature of Section 200

Section 200 is a procedural provision concerning territorial jurisdiction.

It does not:

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

Its purpose is to determine where the relevant offence may be inquired into or tried.

Procedure for Determining Jurisdiction

When Section 200 applies:

1. Identify the first act.
2. Determine whether that act constitutes an offence because of its relationship with another act.
3. Identify the other related act.
4. Determine whether the other act is itself an offence.
5. If the other act is not technically an offence because of the legal incapacity of its doer, determine whether it would have been an offence if that person were capable of committing an offence.
6. Identify the local areas where the two acts were committed.
7. The offence may be inquired into or tried by a competent Court having jurisdiction over either relevant local area.

Important Distinctions

Section 197 vs Section 200

Section 197 provides the ordinary territorial rule.

Section 200 provides a special alternative where one offence is connected with another offence or potentially criminal act.

Section 199 vs Section 200

Section 199 concerns:

Act in one place + consequence in another place.

Section 200 concerns:

One act connected with another offence or potentially criminal act.

Section 200 vs Section 201

Section 200 provides a general rule for offences connected with another offence.

Section 201 provides special territorial rules for certain specified offences.

BNSS and CrPC

Section 200 BNSS corresponds to Section 180 of the Code of Criminal Procedure, 1973.

The basic territorial-jurisdiction principle has substantially continued under BNSS.

The corresponding provisions are:

• Section 180 CrPC: Place of trial where act is an offence by reason of relation to other offence.
• Section 200 BNSS: Place of trial where act is an offence by reason of relation to other offence.

Thus, Section 200 BNSS substantially retains the earlier CrPC framework.

Relationship With BNS and BSA

The three criminal laws have separate functions:

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

Section 200 is therefore a procedural provision under BNSS. Whether the underlying acts constitute substantive offences is determined under the applicable substantive criminal law.

Common Confusions

Does Section 200 create a new offence?

No.

It only determines the possible territorial place of inquiry or trial.

Must the other act always be an offence?

Not necessarily.

The other act may be an act that would be an offence if the person who committed it were capable of committing an offence.

Can the two related acts occur in different places?

Yes.

Section 200 specifically provides territorial flexibility where the related acts may have been committed in different local areas.

Can the offence be tried in either place?

Yes.

Where Section 200 applies, the offence may be inquired into or tried by a Court having jurisdiction over either place where the two related acts were committed.

Is Section 200 the same as Section 199?

No.

Section 199 deals with the relationship between an act and its consequence.

Section 200 deals with the relationship between one act and another offence or potentially criminal act.

Important BNSS Provisions

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

Topic at a Glance

• Topic: Place of trial where act is an offence by reason of relation to other offence
• BNSS Section: Section 200
• Chapter: Chapter XIV
• Subject: Territorial jurisdiction
• Basic principle: One act is an offence because of its relation to another act.
• Related act: Must itself be an offence or would be an offence if its doer were capable of committing an offence.
• Territorial effect: Trial may take place where either related act was committed.
• Corresponding CrPC provision: Section 180
• Nature: Procedural provision
• Key principle: Either relevant territorial jurisdiction may be competent.

Quick Revision

1. Section 200 BNSS deals with the place of trial where an act is an offence by reason of its relation to another offence.
2. The other act must itself be an offence or would be an offence if its doer were capable of committing an offence.
3. The two related acts may occur in different local areas.
4. The offence may be tried where either related act was committed.
5. Section 200 is concerned with territorial jurisdiction.
6. It does not create a new offence or prescribe punishment.
7. Section 200 BNSS corresponds to Section 180 CrPC.
8. Section 199: Act and consequence.
9. Section 200: Related acts or offences.
10. Section 197: Ordinary place of inquiry and trial.
11. Section 201: Special territorial rules for certain offences.
12. The key phrase to remember is: “either place where such acts were done.”

ASLO READ: Section 199 – Offence triable where act is done or consequence ensues

Conclusion

Section 200 of the BNSS provides a special territorial-jurisdiction rule for offences that arise because of their relationship with another offence or an act that would constitute an offence if its doer were capable of committing one. Where the two related acts occur in different places, the law permits the first-mentioned offence to be inquired into or tried by a competent Court having jurisdiction over either place. The provision substantially continues the rule contained in Section 180 of the CrPC.