Section 201 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 201 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the jurisdiction of courts in trying certain offences.(jurisquest.com)
📜 Text of Section 201
Section 201: Place of trial in case of certain offences(kanoongpt.in)
Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.(prashantkanha.com)
Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.(indiankanoon.org)
Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property
Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.
Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property
⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 201 of the BNSS is analogous to Section 181 of the Cr.P.C., which similarly outlines the territorial jurisdiction of courts for trying specific offences. Both provisions ensure that trials are conducted in courts that have a connection to the offence, either by location of commission or by the presence of the accused or property involved. This alignment maintains consistency in the legal framework governing the jurisdiction of criminal courts.
🧭 Practical Implications
Dacoity and Related Offences: For crimes such as dacoity or escaping from custody, the trial can occur in the jurisdiction where the crime was committed or where the accused is apprehended, providing flexibility in prosecution.
Kidnapping and Abduction: In cases of kidnapping or abduction, the jurisdiction extends to where the victim was taken, concealed, or detained, ensuring that legal proceedings can be initiated in the most relevant location
Property-Related Offences: For offences like theft, extortion, or robbery, the jurisdiction includes areas where the stolen property is found, even if it's not the location of the crime, facilitating the recovery and prosecution process.
These provisions aim to streamline the legal process by allowing cases to be heard in jurisdictions with a direct link to the offence, thereby enhancing the efficiency and accessibility of the justice system.
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