case Study :- CRIMINAL JURISDICTION (CrPC/BNSS) – WITH SC CASE LAW
🔴 CRIMINAL JURISDICTION (CrPC) – WITH SC CASE LAW
Case Study 1: Place of Commission
A lives in Delhi and assaults B in Jaipur.
Jurisdiction: Jaipur
📌 Legal Principle:
Offence to be tried where it is committed.
📚 Supreme Court Citation:
Naresh Kavarchand Khatri v. State of Gujarat (2008) 8 SCC 300
👉 Jurisdiction lies where the offence actually occurs.
Case Study 2: Zero FIR
Sexual offence committed in Mumbai, FIR lodged in Kolkata.
Jurisdiction: Zero FIR valid; transferable to Mumbai
📌 Legal Principle:
Police cannot refuse FIR for lack of territorial jurisdiction.
📚 Supreme Court Citation:
Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1
Case Study 3: Continuing Offence
Kidnapping from Lucknow, confinement in Kanpur.
Jurisdiction: Lucknow & Kanpur
📌 Legal Principle:
Continuing offences can be tried at multiple places.
📚 Supreme Court Citation:
State of Bihar v. Deokaran Nenshi (1972) 2 SCC 890
Case Study 4: Cyber / Effect-Based Jurisdiction
Accused sends defamatory email from Bengaluru to victim in Chennai.
Jurisdiction: Bengaluru & Chennai
📌 Legal Principle:
Court where consequence ensues also has jurisdiction.
📚 Supreme Court Citation:
Bhura Ram v. State of Rajasthan (2008) 11 SCC 103
(read with Section 179