Section 198 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 198 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, addresses the jurisdiction of courts in cases where an offence is committed across multiple local areas. This provision ensures that legal proceedings can be initiated in any court that has jurisdiction over any of the areas involved, facilitating the administration of justice in complex cases.
📜 Text of Section 198
Section 198: Place of Inquiry or Trial
(a) When it is uncertain in which of several local areas an offence was committed;
(b) Where an offence is committed partly in one local area and partly in another;
(c) Where an offence is a continuing one, and continues to be committed in more local areas than one;
(d) Where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.(
⚖️ Purpose and Application
Section 198 provides clarity on the jurisdiction of courts in cases where an offence spans multiple local areas. It ensures that legal proceedings can be initiated in any court that has jurisdiction over any of the areas involved, thereby facilitating the administration of justice in complex cases.
🔄 Comparison with the Code of Criminal Procedure (CrPC)
This provision is similar to Section 178 of the Indian Penal Code (IPC), which also deals with the jurisdiction of courts in cases where an offence is committed in more than one local area. The BNSS, 2023, aligns with the IPC in this regard, ensuring consistency in the legal framework.
🧭 Significance
Ensures Access to Justice: By allowing cases to be tried in any court with jurisdiction over the involved areas, Section 198 ensures that victims and accused parties have access to legal proceedings without unnecessary delays.
Promotes Efficiency: This provision prevents jurisdictional disputes that could delay the initiation of legal proceedings, thereby promoting the efficient administration of justice.
Adapts to Modern Legal Needs: In an era where offences can easily span multiple jurisdictions, Section 198 provides a legal framework that accommodates the complexities of modern criminal activities.
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