Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 206: High Court to decide, in case of doubt, district where inquiry or trial shall take place.
Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided—
- (a) if the Courts are subordinate to the same High Court, by that High Court;
- (b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced,
and thereupon all other proceedings in respect of that offence shall be discontinued.
Brefe Detail
This section outlines the procedure for resolving disputes regarding which court should handle the inquiry or trial of an offence when multiple courts have taken cognizance of the same offence. It specifies that the deciding authority will be the relevant High Court, depending on whether the courts are subordinate to the same High Court or not.
Question & Answers
What happens when multiple courts have taken cognizance of the same offence?
When this occurs, a question arises about which court should inquire into or try the offence.
Who decides which court should handle the case?
(a) If the courts are subordinate to the same High Court, that High Court will decide.
(b) If the courts are not subordinate to the same High Court, the decision will be made by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced.
What happens to other proceedings once a decision is made?
All other proceedings in respect of that offence shall be discontinued once a decision is reached.
Example
For instance, if two district courts in different jurisdictions have both taken cognizance of a theft case, and they fall under the same High Court, that High Court will determine which court should proceed with the inquiry or trial. If the courts are under different High Courts, the High Court that first received the case will make the decision.
Summary
Section 206 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes a clear process for determining which High Court will decide jurisdictional conflicts between subordinate courts regarding the inquiry or trial of an offence, ensuring a streamlined judicial process.
