Sections 183, 184 and 185 CrPC: Offence on Journey, Joint Trial and Different Sessions Divisions
Sections 183, 184 and 185 of the Code of Criminal Procedure, 1973 formed part of the rules governing territorial jurisdiction of criminal courts. They dealt respectively with offences committed during a journey or voyage, the place of trial where offences could be tried together, and the State Government's power to direct trial in a different Sessions division.
Section 183 CrPC - Offence committed on journey or voyage
Meaning: Section 183 created a special rule of territorial jurisdiction where the relevant person or thing was moving through more than one local jurisdiction during a journey or voyage.
Statutory rule: When an offence is committed while the person by or against whom, or the thing in respect of which, the offence is committed is in the course of a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed during that journey or voyage.
The provision avoided uncertainty that could otherwise arise when an offence connected with a moving person or object crossed territorial boundaries. Jurisdiction was therefore not confined to a single point if the statutory conditions were satisfied.
Section 184 CrPC - Place of trial for offences triable together
Meaning: Section 184 linked territorial jurisdiction with the CrPC rules permitting several offences or several accused persons to be dealt with at one trial.
Where offences committed by a person could be charged and tried at one trial under Sections 219, 220 or 221 CrPC, or offences committed by several persons could be jointly charged and tried under Section 223 CrPC, the offences could be inquired into or tried by any Court competent to inquire into or try any of those offences.
This provision supported a consolidated trial where the Code itself permitted joinder. Its operation depended on the requirements of the provisions governing joinder of charges and joint trial being satisfied.
Sections referred to in Section 184
- Section 219 CrPC: offences of the same kind committed within the prescribed period could, subject to the section, be charged together.
- Section 220 CrPC: more than one offence forming part of the same transaction could, in the circumstances stated in the section, be tried at one trial.
- Section 221 CrPC: applied where it was doubtful which offence the proved facts would constitute.
- Section 223 CrPC: specified categories of persons who could be charged and tried together.
Section 185 CrPC - Power to order cases to be tried in different Sessions divisions
Meaning: Section 185 conferred an overriding power on the State Government in relation to the Sessions division in which a case or class of cases committed for trial in a district could be tried.
Notwithstanding the preceding provisions of the Chapter, the State Government could direct that any case or class of cases committed for trial in any district be tried in any Sessions division.
The power was expressly limited by the proviso: the State Government's direction could not be repugnant to a direction previously issued by the High Court or the Supreme Court under the Constitution, the CrPC or any other law in force.
The words "notwithstanding anything contained" constituted a non-obstante clause, giving Section 185 overriding operation over the preceding venue provisions of that Chapter, subject to the express judicial-direction safeguard in the proviso.
CrPC and BNSS correspondence
| CrPC, 1973 | Subject | BNSS, 2023 |
|---|---|---|
| Section 183 | Offence committed on journey or voyage | Section 203 |
| Section 184 | Place of trial for offences triable together | Section 204 |
| Section 185 | Power to order cases to be tried in different Sessions divisions | Section 205 |
Practical summary
- Section 183 addressed territorial jurisdiction for offences connected with a person or thing travelling through different local areas.
- Section 184 permitted trial by a competent Court where the offences or accused could lawfully be tried together under the joinder provisions of the CrPC.
- Section 185 empowered the State Government to direct trial in another Sessions division, but not contrary to an earlier direction of the High Court or Supreme Court.
- For the post-1 July 2024 statutory framework, Sections 203, 204 and 205 of the BNSS should be consulted.
This page is an explanatory legal reference. Applicability to a particular proceeding depends on the date, facts, procedural stage, saving provisions and orders of the competent court.