Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 200: Place of trial in case of certain offences
(1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of 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.
(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(3) Any offence of theft, extortion or robbery 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 any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.
(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.
(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
Brefe Detail
This section outlines the jurisdictions for trial of specific offenses. It provides clarity on where various serious crimes, including dacoity, kidnapping, theft, and criminal misappropriation, can be inquired into or tried, depending on the location of the offense or the whereabouts of the accused or stolen property.
Question & Answers
Where can a dacoity-related offense be tried?
A dacoity offense may be tried by a Court within whose local jurisdiction the offense was committed or where the accused person is found.
What is the jurisdiction for kidnapping or abduction cases?
Such offenses may be tried by a Court within whose local jurisdiction the person was kidnapped or abducted.
Where can theft or robbery be tried?
A theft or robbery offense may be tried by a Court within whose local jurisdiction the offense was committed or where the stolen property was possessed.
How is jurisdiction determined for criminal misappropriation or breach of trust?
These offenses may be tried by a Court within whose local jurisdiction the offense was committed or where the property in question was received or retained.
What about offenses involving possession of stolen property?
Such offenses may be tried by a Court within whose local jurisdiction the offense was committed or where the stolen property was possessed.
Example
Example of Dacoity: If a dacoity occurs in City A, the trial can happen in City A or where the accused is found, such as City B.
Example of Kidnapping: If a person is kidnapped in a specific locality, the trial can occur in that locality regardless of where the accused is found later.
Example of Theft: If a theft happens in a store in City C, the trial can take place in City C or wherever the stolen goods were found.
Example of Criminal Breach of Trust: If an employee misappropriates funds and the funds were kept in an account in City D, the trial can be held in City D.
Example of Possession of Stolen Property: If a person is found with stolen goods in City E, the case can be tried in City E, even if the theft occurred elsewhere.
Summary
Section 200 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes clear guidelines for determining the appropriate jurisdiction for trials of specific serious offenses. It ensures that inquiries and trials are conducted in relevant locations based on where the crimes were committed or where the accused or stolen property is located.
