Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the jurisdiction of courts in cases where an offense is committed due to an act and its resulting consequence.
📜 Text of Section 199
199. Offence triable where act is done or consequence ensues
When an act is an offense by reason of anything which has been done and of a consequence which has ensued, the offense may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.
⚖️ Comparison with Indian Criminal Procedure Code (Cr.P.C.)
Section 199 of the BNSS, 2023 mirrors Section 179 of the Indian Criminal Procedure Code (Cr.P.C.), 1973. Both provisions stipulate that an offense may be tried in a court within whose jurisdiction the act was committed or where the consequence occurred. This ensures flexibility and convenience in the trial process, allowing for the prosecution to take place in a location that is relevant to the offense
🧭 Practical Implications
Jurisdictional Flexibility: This provision allows for a case to be tried in multiple jurisdictions, depending on where the act was committed or where its consequences were felt.
Examples:
Example 1: If a person in Delhi sends a threatening email to someone in Mumbai, the offense can be tried in either Delhi (where the act was committed) or Mumbai (where the consequence, such as distress, was experienced).
Example 2: If a person manufactures and sells adulterated food products in Bangalore, and consumers in Chennai suffer health issues, the offense can be tried in either Bangalore or Chennai
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