Section 197 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 197 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
Explanation:
Section 197 of the BNSS, 2023, establishes the general rule regarding the jurisdiction of criminal courts in India. It stipulates that offenses should typically be investigated and adjudicated by the court that has territorial jurisdiction over the area where the offense occurred. This principle ensures that legal proceedings are conducted in the locality most closely connected to the alleged crime, promoting efficiency and convenience for witnesses and the accused.
Comparison with the Code of Criminal Procedure (CrPC):
Section 197 of the BNSS aligns with Section 177 of the CrPC, which similarly mandates that offenses be inquired into and tried by a court within whose local jurisdiction the offense was committed. This consistency between the BNSS and the CrPC reflects a harmonization of legal principles across different statutes.
Illustrative Example:
Scenario: An individual named Ravi, residing in Mumbai, is accused of committing theft in a market in Pune.(kanoongpt.in)
Application of Section 197: According to this provision, the case should be investigated and tried by a court in Pune, as that is where the alleged offense occurred. This ensures that the legal proceedings are held in the locality with the most direct connection to the crime.
Conclusion:
Section 197 of the BNSS, 2023, reinforces the principle of territorial jurisdiction in criminal law, ensuring that offenses are handled by courts in the locality where they were committed. This provision aligns with existing legal frameworks, such as the CrPC, and serves to promote justice by facilitating proceedings in the appropriate jurisdiction.
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