JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS (SECTION 197 TO 209 BNSS)

BNSS defines jurisdiction of criminal courts in inquiries and trials from Section 197 to 209

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 establishes a complete legal structure governing criminal procedures in India replacing the Code of Criminal Procedure (CrPC), 1973. A crucial aspect of this legal structure is the Jurisdiction of The Criminal Courts in Inquiries and Trials (Section 197 to 209 BNSS) which defines the territorial and procedural authority of courts dealing with criminal cases . These sections have an important role so the cases are tried in the appropriate courts by minimizing legal conflicts and procedural delays . Understanding the Jurisdiction of The Criminal Courts in Inquiries and Trials (Section 197 to 209 BNSS) is necessary for legal practitioners, law enforcement agencies and the public as it helps in the smooth functioning of the criminal justice system while safeguarding the rights of all parties involved .

Sections 197 to 209 BNSS

Section 197 : Ordinary Place of Inquiry and Trial

The section establishes the foundational principle that every offence should be inquired into and tried by a court within whose local jurisdiction the offence was committed . This sees that the trial occurs proximate to the location of the crime facilitating access to evidence and witnesses. 

Section 198 : Place of Inquiry or Trial in Ambiguous Situations

Addressing scenarios where the exact location of the offence is not clear or spans multiple jurisdictions, this provision permits for flexibility. It stipulates that if it’s uncertain in which local area an offence was committed or if the offence occurred in multiple areas it may be inquired into or tried by a court having jurisdiction over any of those areas . 

Section 199 : Offence Triable Where Act is Done or Consequence Ensues

The section provides that an offence can be tried either where the act was committed or where its consequences have ensued. This is mainly relevant for offences where the act and its impact happens in different jurisdictions.

Section 200: Place of Trial Where Act is an Offence by Relation to Another Offence

In instances where an act is deemed an offence due to its relation to another act that is also an offence this provision permits for the trial to be conducted in either jurisdiction where any of the related acts were committed . 

Section 201 : Place of Trial for Specific Offences

The section describes jurisdictional directives for certain offences like dacoity, kidnapping, theft and criminal misappropriation. For example a kidnapping case may be tried either where the person was kidnapped or where they were concealed or detained . 

Section 202 : Offences Committed by Means of Electronic Communications

Recognizing the digital age’s problems, this provision permits offences involving electronic communications, letters or telecommunication messages to be tried in jurisdictions where such communications were sent or received . 

Section 203 : Offence Committed on Journey or Voyage

For offences occurring during travel this section permits the trial to be conducted in any jurisdiction through which the person or thing involved passed during the journey or voyage. 

Section 204 : Place of Trial for Offences Triable Together

When multiple offences are committed by a person and they can be charged and tried together this section permits for the trial to occur in any jurisdiction competent to try any of the offences. 

Section 205 : Continuation of Trial in Cases of Change of Magistrate

This provision sees that if a magistrate is succeeded by another the succeeding magistrate can continue the trial without the requirement to restart proceedings maintaining judicial efficiency.

Section 206 : Power to Proceed with Inquiry or Trial in Absence of Accused in Certain Cases

Under specific circumstances this section empowers courts to proceed with inquiries or trials in the absence of the accused , mainly in cases involving small offences.

Section 207 : Accused Not to be Discharged Due to Absence of Complainant

The provision stops the discharge of the accused solely based on the complainant’s absence so that justice is not impeded by non-appearance .

Section 208 : Provision for Trial to be Held in Camera

In cases involving sensitive matters this section permits for trials to be conducted in camera (privately) to safeguard the interests of involved parties.

Section 209 : Receipt of Evidence Relating to Offences Committed Outside India

The section facilitates the admission of evidence for offences committed outside India permitting depositions made before judicial officers or diplomatic representatives in foreign territories to be received as evidence in Indian courts . 

Landmark Cases and Judicial Interpretations

While the BNSS is a recent enactment and its provisions are quite similar in several aspects of the CrPC, under which numerous landmark judgments have been delivered . 

• In the case of the State of Bihar vs. Deokaran Nenshi (1972 AIR 2284), the Supreme Court stressed on the importance of territorial jurisdiction ruling that a trial conducted outside the jurisdiction where the offence occurred is null and void. Such precedents continue to influence the interpretation and application of similar provisions within the BNSS.

Potential for Misuse and Safeguards

Jurisdictional provisions, if misapplied can lead to forum shopping where parties manipulate the system to have their cases heard in a court perceived as more favorable. To stop this the BNSS incorporates several safeguards :

Safeguards Against Misuse

• Judicial Oversight : Higher courts including the High Court and Supreme Court have the power to transfer cases to control forum shopping or bias.
• Defined Criteria for Jurisdiction : BNSS Sections 197 to 209 give detailed directives on determining jurisdiction for reducing ambiguity.
• Fast-Track Mechanisms : Clear jurisdictional rules stop unnecessary delays caused by disputes over the correct venue for a trial .
• Protection Against Harassment : Courts can reject cases if found to be filed in an incorrect jurisdiction with malicious intent.

Impact of Jurisdictional Provisions

The jurisdictional provisions under BNSS Sections 197 to 209 have a profound impact on the administration of criminal justice in India :

1. Efficiency in Legal Proceedings

• Clear jurisdictional rules eliminate confusion about where cases should be tried by stopping procedural delays.
• Courts are empowered to resolve jurisdictional conflicts fastly .

2. Fairness in Trial Process

• Trials take place in the location most relevant to the case for the access to evidence and witnesses.
• Ensures that the accused is tried in a court with proper legal authority .

3. Adaptability to Modern Crimes

• BNSS expressly includes provisions for electronic communications and digital crimes unlike CrPC.
• Jurisdiction for cybercrimes is now clearly defined so that digital offences are prosecuted effectively.

Comparison: BNSS vs. CrPC (1973) on Jurisdiction

Amendments and Other main Developments

The BNSS, 2023 introduces several refinements :

• Enhanced Provisions for Cyber Crimes : Cyber and digital crimes are now expressly covered under Section 202.
• Section 209 strengthens the legal structure for prosecuting crimes committed outside India .
• BNSS expands the use of in-camera trials (Section 208) to protect victims and witnesses .
• Faster Resolution of Jurisdictional Conflicts : The High Court now has greater authority to decide disputes related to jurisdiction (Section 206).

Conclusion

The jurisdictional structure under BNSS Sections 197 to 209 plays an important role in smoothing criminal trials for fairness, and adapting to new-age crimes. The BNSS largely retains the structure of the CrPC, 1973 but introduces key improvements to enhance efficiency, prevent misuse and address modern legal challenges.

By modernizing procedural laws and clarifying jurisdictional ambiguities the BNSS ensures a more responsive and effective criminal justice system in India. These reforms strengthen the rule of law, fasten legal proceedings and improve access to justice for all stakeholders.

Source 

• India Code
• Legal Glossary- Accused