🔴 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 → Any of those courts (S.178)
↓
Did consequence occur at a different place?
↓
Yes → Court where consequence ensued also has jurisdiction (S.179)
↓
Emergency / refusal to register FIR?
↓
Zero FIR anywhere → 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 → Any such court has jurisdiction (S. 200 BNSS)
↓
Did consequence of offence occur elsewhere?
↓
Yes → Court where consequence ensued also has jurisdiction (S. 201 BNSS)
↓
Immediate reporting required?
↓
Zero FIR at any police station → transfer to competent court
B. CIVIL JURISDICTION (CPC)
Is dispute about immovable property?
↓
Yes → 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
📝 EXAM READY CONCLUSION LINE
“In 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 👇
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) |
📌 Criminal law focuses on place of offence
📌 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 | ✅ Yes |
| Based on | — | — | Value of subject-matter |
| Provision | — | — | Sec. 15 |
📌 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 |
🔑 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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