Civil & Criminal Jurisdiction Flow Chart

πŸ”΄ JURISDICTION FLOWCHART

A. CRIMINAL JURISDICTION (CrPC)

Offence committed?
↓
Where was it committed?
↓
Court of that place has jurisdiction (S.177)
↓
Was offence committed in multiple places OR is continuing?
↓
Yes β†’ Any of those courts (S.178)
↓
Did consequence occur at a different place?
↓
Yes β†’ Court where consequence ensued also has jurisdiction (S.179)
↓
Emergency / refusal to register FIR?
↓
Zero FIR anywhere β†’ transfer later

A. CRIMINAL JURISDICTION (BNSS)

Offence committed?
↓
Where was the offence committed?
↓
Court of that local area has jurisdiction (S. 199 BNSS)
↓
Was offence committed in more than one area OR is continuing?
↓
Yes β†’ Any such court has jurisdiction (S. 200 BNSS)
↓
Did consequence of offence occur elsewhere?
↓
Yes β†’ Court where consequence ensued also has jurisdiction (S. 201 BNSS)
↓
Immediate reporting required?
↓
Zero FIR at any police station β†’ transfer to competent court

B. CIVIL JURISDICTION (CPC)
Is dispute about immovable property?
↓
Yes β†’ Court where property is situated (S.16)
↓
No
↓
Where does defendant reside / work / carry business?
↓
That court has jurisdiction (S.20)
↓
Where did cause of action arise?
↓
Any court where whole or part of cause of action arose (S.20)
CrPC = Crime place

CPC = Defendant place

Property = Property location

Cyber/Continuing crime = Multiple courts

Matrimonial = Wife’s convenience

πŸ“ EXAM READY CONCLUSION LINE

β€œIn criminal law, territorial jurisdiction is governed by the place of commission of offence and its consequence, whereas in civil law jurisdiction depends upon the residence of defendant or place where cause of action wholly or partly arises.

comparative view of jurisdiction under CrPC (old), BNSS (new), and CPC. This is a classic law-exam / concept question, so here’s a clear, side-by-side breakdown πŸ‘‡


1️⃣ Nature of Jurisdiction

Aspect CrPC, 1973 BNSS, 2023 CPC, 1908
Type of law Criminal Procedure Criminal Procedure (replaced CrPC) Civil Procedure
Applies to Criminal offences Criminal offences Civil disputes

2️⃣ Territorial Jurisdiction (Place of Trial / Suit)

Point CrPC BNSS CPC
Basic rule Offence tried where it is committed Same rule Suit filed where defendant resides / cause of action
Key provision Section 177 Section 208 Section 20
Continuing offence Sec. 178(c) Sec. 209(c) Cause of action rule
Offence in multiple areas Sec. 178 Sec. 209 Sec. 20(c)

πŸ“Œ Criminal law focuses on place of offence
πŸ“Œ Civil law focuses on defendant & cause of action


3️⃣ Subject-Matter Jurisdiction

Aspect CrPC BNSS CPC
Based on Nature & gravity of offence Same Nature & valuation of suit
Example Magistrate / Sessions Court Magistrate / Sessions Court Civil Judge / District Judge
Provision Sec. 26, 28–29 Sec. 23, 26–27 Sec. 9

4️⃣ Pecuniary Jurisdiction (Value-based)

Aspect CrPC BNSS CPC
Exists? ❌ No ❌ No βœ… Yes
Based on β€” β€” Value of subject-matter
Provision β€” β€” Sec. 15

πŸ“Œ Only CPC recognizes pecuniary jurisdiction


5️⃣ Special Jurisdiction Rules

Situation CrPC BNSS CPC
Uncertain place of offence Sec. 178 Sec. 209 Cause of action
Offence partly in one area Sec. 178(b) Sec. 209(b) Sec. 20(c)
Offences by letters / electronic means Sec. 179 Sec. 210 Not specific
Wrong done & consequence elsewhere Sec. 179 Sec. 210 Sec. 20(c)

6️⃣ Transfer of Cases

Aspect CrPC BNSS CPC
Transfer power High Court / Supreme Court Same High Court / Supreme Court
Key provision Sec. 406–408 Sec. 447–449 Sec. 22–25

πŸ”‘ One-Line Exam Ready Summary

CrPC & BNSS determine jurisdiction mainly on the place and nature of offence, whereas CPC determines jurisdiction based on defendant’s location, cause of action, and pecuniary value.

COMPARATIVE JURISDICTION TABLE – CPC vs BNSS

Aspect CPC (Civil) BNSS, 2023 (Criminal)
Nature of cases Civil disputes Criminal offences
Basic rule of jurisdiction Defendant residence / cause of action Place of commission of offence
Primary section Section 20 CPC Section 199 BNSS
Multiple places involved If part cause of action arises If offence committed in several areas
Continuing offence Not applicable Expressly recognised (S.200 BNSS)
Consequence-based jurisdiction Cause of action theory Consequence ensued (S.201 BNSS)
Immovable property Mandatory local jurisdiction (S.16 CPC) Not relevant
Residence of parties Defendant residence crucial Generally irrelevant
Convenience principle Defendant-oriented Victim-centric in practice
Zero FIR Not applicable Recognised in practice under BNSS
Transfer of cases Sections 22–25 CPC Sections 410–412 BNSS
Objective Private rights adjudication Public justice & penal liability

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