ONE-PAGE CRIMINAL JURISDICTION REVISION SHEET (BNSS, 2023)
🔹 1. Concept of Criminal Jurisdiction
Criminal jurisdiction determines which court is competent to:
Inquire into
Try
Take cognizance of
an offence based on place of offence, continuity, and consequence.
📌 Focus is on public wrong, not private convenience.
🔹 2. General Rule of Jurisdiction
✅ Section 199 BNSS
Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction the offence was committed.
📌 “Ordinarily” indicates statutory flexibility.
🔹 3. Exceptions to General Rule
(A) Continuing / Multiple Localities
✅ Section 200 BNSS
Applies when:
Offence committed partly in one area and partly in another
Continuing offence
Offence consists of several acts in different places
✔ Any such court has jurisdiction.
(B) Act & Consequence at Different Places
✅ Section 201 BNSS
If:
Act done at one place
Consequence ensues at another
✔ Court at either place has jurisdiction.
📌 Highly relevant for cyber & economic offences.
🔹 4. Jurisdiction Based on Nature of Offence
Situation BNSS Section
Uncertain place of offence S.200
Consequence-based offence S.201
Continuing offence S.200
Offence committed outside India S.203
Offence on journey / transit S.202
🔹 5. Offences Committed Outside India
✅ Section 203 BNSS
Indian citizen outside India
Offence on Indian-registered ship/aircraft
✔ Jurisdiction lies where accused is found in India.
🔹 6. Residence of Accused / Victim
❌ NOT a basis of criminal jurisdiction
📌 Unlike CPC, BNSS does not consider residence relevant.
🔹 7. Objection to Jurisdiction
Must be raised at the earliest stage
Trial not vitiated unless failure of justice shown
📌 Substance prevails over technicalities.
🔹 8. Transfer of Cases
For convenience, fairness, or justice
Power lies with Sessions Court / High Court
📌 Transfer ≠ lack of jurisdiction
🔹 9. Key Judicial Principles (Carried Forward from CrPC)
Principle Case
Jurisdiction follows offence Naresh Kavarchand Khatri
Consequence creates jurisdiction State of Bihar v. Deokaran Nenshi
Irregularity not fatal Willie Slaney v. State of MP
🔹 10. EXAM GOLDEN RULES
✔ Criminal jurisdiction is place-centric
✔ Residence is irrelevant
✔ Consequence matters
✔ Multiple courts may have concurrent jurisdiction
✔ Justice > technicality
🏆 ONE-LINE TOPPER STATEMENT
“BNSS adopts a flexible, consequence-oriented approach to criminal jurisdiction to ensure effective prosecution.”
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