Introduction
Section 201 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the place where certain specified offences may be inquired into or tried. It creates special rules of territorial jurisdiction for offences where the relevant criminal conduct, movement of the accused, or location of property may extend beyond the place where the offence was originally committed.
The provision applies specifically to dacoity-related offences, kidnapping or abduction, theft, extortion, robbery, criminal misappropriation, criminal breach of trust and offences involving possession of stolen property.
Statutory Basis
Section 201 of BNSS, 2023 falls under Chapter XIV, which deals with the jurisdiction of criminal courts in inquiries and trials.
The section provides alternative places where the competent Court may conduct the inquiry or trial depending upon the nature of the offence and the circumstances specified in the provision.
Object and Purpose
The principal purpose of Section 201 is to provide practical rules of territorial jurisdiction for particular offences.
It prevents difficulties that may arise when:
- the offence is committed in one place but the accused is found in another;
- a kidnapped or abducted person is moved from one place to another;
- stolen property is possessed or retained at a place different from where it was originally stolen;
- property involved in criminal misappropriation or criminal breach of trust is received, retained or required to be returned or accounted for at another place.
The provision therefore expands the possible territorial jurisdiction of courts in the circumstances specifically mentioned in the section.
Section 201 at a Glance
- Provision: Section 201, BNSS, 2023
- Subject: Place of trial in case of certain offences
- Nature: Procedural provision concerning territorial jurisdiction
- Main offences covered: Dacoity, kidnapping or abduction, theft, extortion, robbery, criminal misappropriation, criminal breach of trust and offences involving possession of stolen property
- Key principle: The competent Court may be determined by the specific connecting factors mentioned in Section 201.
Meaning of Section 201
Section 201 provides special territorial jurisdiction rules for certain offences.
Ordinarily, criminal proceedings are connected with the place where the offence was committed. Section 201 recognises that, for certain offences, important elements of the offence may occur at different places.
Accordingly, the section permits inquiry or trial in a Court having jurisdiction over one of the places specifically identified for the particular offence.
Essential Elements
1. Dacoity, Dacoity with Murder, Gang of Dacoits and Escaping from Custody
Under Section 201(1), an offence of:
- dacoity;
- dacoity with murder;
- belonging to a gang of dacoits; or
- escaping from custody
may be inquired into or tried by a Court within whose local jurisdiction:
- the offence was committed; or
- the accused person is found.
This provides an additional territorial connection where the accused is found in a place different from the place where the offence occurred.
2. Kidnapping or Abduction
Section 201(2) deals with kidnapping or abduction of a person.
The offence may be inquired into or tried by a Court within whose local jurisdiction the person:
- was kidnapped or abducted;
- was conveyed;
- was concealed; or
- was detained.
The provision is particularly relevant because kidnapping or abduction may involve movement of the victim across different territorial jurisdictions.
3. Theft, Extortion and Robbery
Section 201(3) applies to:
- theft;
- extortion; and
- robbery.
The offence may be inquired into or tried by a Court within whose local jurisdiction:
- the offence was committed; or
- the stolen property, which is the subject of the offence, was possessed by the person committing the offence; or
- the stolen property was possessed by a person who received or retained it knowing or having reason to believe that it was stolen property.
Thus, the location of the stolen property can become an important basis of territorial jurisdiction.
4. Criminal Misappropriation and Criminal Breach of Trust
Section 201(4) covers:
- criminal misappropriation; and
- criminal breach of trust.
The offence may be inquired into or tried by a Court within whose local jurisdiction:
- the offence was committed;
- any part of the property concerned was received or retained by the accused;
- any part of the property was required to be returned by the accused; or
- any part of the property was required to be accounted for by the accused.
The provision recognises that offences relating to entrusted or misappropriated property may involve more than one territorial location.
5. Offences Involving Possession of Stolen Property
Section 201(5) applies to any offence which includes possession of stolen property.
Such an offence may be inquired into or tried by a Court within whose local jurisdiction:
- the offence was committed; or
- the stolen property was possessed by a person who received or retained it knowing or having reason to believe that it was stolen property.
The focus is therefore on both the commission of the offence and the relevant possession of the stolen property.
How Section 201 Operates
Section 201 does not prescribe a single place of trial for all the offences covered by it.
Instead, it identifies alternative territorial connecting factors for different categories of offences.
For example:
- In dacoity, the place where the offence was committed and the place where the accused is found may provide jurisdiction.
- In kidnapping, the place of kidnapping, conveyance, concealment or detention may provide jurisdiction.
- In theft, robbery or extortion, the place of commission and certain places connected with possession of stolen property may provide jurisdiction.
- In criminal breach of trust, the place connected with receipt, retention, return or accounting of the property may provide jurisdiction.
The applicable jurisdiction therefore depends upon the particular offence and the facts of the case.
Important Distinctions
Ordinary Territorial Jurisdiction and Section 201
The ordinary rules concerning the place of inquiry and trial provide the general framework for territorial jurisdiction. Section 201 provides special rules for particular offences.
Therefore, Section 201 should be read as a specific provision dealing with specified offences rather than as a general rule applicable to every criminal offence.
Commission of Offence and Possession of Property
For offences such as theft, robbery and extortion, territorial jurisdiction may arise not only from the place where the offence was committed but also from specified circumstances concerning possession of the stolen property.
Kidnapping and Abduction
In kidnapping or abduction cases, the relevant jurisdiction is not restricted to the initial place from which the person was kidnapped or abducted. Section 201 also recognises places where the person was conveyed, concealed or detained.
Exceptions and Limitations
Section 201 is itself a specific jurisdictional provision. Its special rules operate only in relation to the offences and circumstances expressly covered by the section.
The provision should not be interpreted as giving unlimited territorial jurisdiction to every criminal court.
The Court must have a territorial connection recognised by the relevant clause of Section 201.
BNSS and CrPC
Section 201 of BNSS corresponds broadly to Section 181 of the Code of Criminal Procedure, 1973.
The basic framework of providing special territorial jurisdiction for specified offences has been retained.
However, the language has been aligned with the offences recognised under the new criminal law framework. The BNSS provision refers to dacoity-related offences and does not retain the earlier reference to the offence of being a thug.
The corresponding substantive offences must therefore be understood with reference to the Bharatiya Nyaya Sanhita, 2023.
Relationship with BNS and BSA
The Bharatiya Nyaya Sanhita, 2023 defines the substantive criminal offences, while the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the procedural framework governing investigation, inquiry and trial.
Section 201 is therefore a procedural jurisdictional provision. The nature and ingredients of offences such as dacoity, kidnapping, theft, robbery, criminal misappropriation and criminal breach of trust are primarily determined under the substantive criminal law.
The Bharatiya Sakshya Adhiniyam, 2023 governs questions relating to the admissibility and proof of evidence during criminal proceedings.
Examples
Example 1: Dacoity
A group commits dacoity in City A. One accused subsequently travels to City B and is found there.
Under Section 201(1), the offence may be inquired into or tried by a Court having jurisdiction over the place where the offence was committed or where the accused is found.
Example 2: Kidnapping
A person is kidnapped in City A, taken to City B and later detained in City C.
Section 201(2) recognises the jurisdiction of the Court within whose local jurisdiction the person was kidnapped or abducted, conveyed, concealed or detained.
Example 3: Stolen Property
A person commits theft in City A and the stolen property is subsequently possessed by a person in City B who knows, or has reason to believe, that the property is stolen.
Section 201(3) may permit inquiry or trial by a Court having jurisdiction over the relevant place connected with the offence or possession of the stolen property.
Example 4: Criminal Breach of Trust
Property is entrusted to a person in City A. The person retains it in City B even though it is required to be returned or accounted for.
Section 201(4) recognises jurisdiction connected with the place where the relevant property was received or retained or where it was required to be returned or accounted for.
Important BNSS Provisions
- Section 197: Ordinary place of inquiry and trial.
- Section 198: Place of inquiry or trial.
- Section 199: Offence triable where act is done or consequence ensues.
- Section 200: Place of trial where act is an 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: Place of trial for 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 201 apply to every criminal offence?
No.
Section 201 specifically deals with the offences and circumstances mentioned in its five sub-sections.
Can a kidnapping case be tried only where the victim was initially kidnapped?
No.
Section 201(2) recognises several connecting places, including where the person was kidnapped or abducted, conveyed, concealed or detained.
Does possession of stolen property matter for territorial jurisdiction?
Yes.
For the offences covered by Section 201(3) and Section 201(5), possession of stolen property in the circumstances specified by the section can provide a basis for territorial jurisdiction.
Does Section 201 permit a case to be tried anywhere in India?
No.
The Court must fall within one of the territorial connections specifically recognised by the applicable sub-section.
Quick Revision
- Section 201 BNSS deals with the place of trial in case of certain offences.
- It is a special rule of territorial jurisdiction.
- Section 201(1) covers dacoity, dacoity with murder, belonging to a gang of dacoits and escaping from custody.
- Under Section 201(1), jurisdiction may arise where the offence was committed or where the accused is found.
- Section 201(2) covers kidnapping and abduction.
- For kidnapping or abduction, jurisdiction may arise where the person was kidnapped or abducted, conveyed, concealed or detained.
- Section 201(3) covers theft, extortion and robbery and includes specified places connected with possession of stolen property.
- Section 201(4) covers criminal misappropriation and criminal breach of trust.
- Section 201(5) covers offences involving possession of stolen property.
- The provision broadly corresponds to Section 181 of the CrPC, 1973.
- Section 201 must be read with the general territorial jurisdiction provisions contained in Sections 197 to 206 of BNSS.
ALSO READ: Section 200 – Place of trial where act is an offence by reason of relation to other offence
Conclusion
Section 201 of the BNSS provides specialised territorial jurisdiction rules for offences in which the place of commission, movement of persons, or location and possession of property may extend across different jurisdictions. By identifying alternative connecting places for specified offences, the provision facilitates the practical conduct of criminal inquiries and trials while maintaining a legally defined territorial basis for jurisdiction.
