Bharatiya Nagarik Suraksha Sanhita, 2023
Section 197 BNSS: Ordinary Place of Inquiry and Trial
Section 197 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down the basic rule of territorial jurisdiction for criminal cases: an offence is ordinarily to be inquired into and tried by the Court within whose local jurisdiction the offence was committed.
Text of Section 197 BNSS
197. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.
Meaning of Section 197 BNSS
The section establishes the ordinary rule for deciding the territorial venue of a criminal inquiry or trial. The starting point is the place where the offence was committed. The criminal Court having local jurisdiction over that place will ordinarily be the proper Court to conduct the inquiry or trial.
The word "ordinarily" is important. Section 197 states the general rule, while the following provisions in Chapter XIV deal with situations where jurisdiction may arise in more than one local area or where a different statutory rule applies.
What is local jurisdiction?
For the purpose of Section 197, local jurisdiction refers to the territorial area within which a criminal Court is legally authorised to exercise its powers. The place where the offence was committed therefore normally determines which Court has territorial jurisdiction.
How the ordinary rule works
| Question | Rule under Section 197 |
|---|---|
| Where should an offence ordinarily be inquired into? | By a Court having local jurisdiction over the place where the offence was committed. |
| Where should the trial ordinarily take place? | In the Court within whose local jurisdiction the offence was committed. |
| Does Section 197 apply in every case without exception? | No. It states the ordinary rule. Sections 198 and following provisions provide additional rules for special territorial situations. |
When other territorial jurisdiction provisions become relevant
Where the place of commission cannot be determined by applying the simple rule in Section 197, the succeeding BNSS provisions may govern jurisdiction. Important examples include:
- Section 198: applies where it is uncertain in which local area an offence was committed, where an offence is committed partly in one local area and partly in another, where it is a continuing offence extending over more than one local area, or where it consists of several acts done in different local areas.
- Section 199: deals with offences where an act is an offence because of something done and a consequence that ensues.
- Section 200: deals with the place of trial where an act is an offence because of its relation to another offence.
- Sections 201 and 202: contain further special rules for particular offences and offences involving electronic communications, letters and similar means.
Section 197 and territorial jurisdiction
Territorial jurisdiction is distinct from the Court's power based on the nature or seriousness of the offence. A Court must not only be competent to try the category of offence but must also ordinarily possess territorial jurisdiction under Section 197 or another applicable provision of Chapter XIV.
Why the place of commission matters
The place where an offence was committed usually has the closest connection with the alleged criminal act, relevant witnesses, physical evidence and investigation. Section 197 therefore adopts that place as the ordinary venue for inquiry and trial, while preserving flexibility through the later provisions of the Chapter for offences spanning different territories or producing consequences elsewhere.
Section 197 and Section 198 BNSS
Section 197 supplies the default rule. Section 198 becomes important where the location of the offence is uncertain or the offence has links with more than one local area. In such cases, the law permits inquiry or trial by a Court having jurisdiction over any of the local areas specified in Section 198.
Practical points
- First identify the acts or omissions that constitute the alleged offence.
- Determine where those acts or omissions occurred.
- Check whether the offence or its ingredients extend across more than one local area.
- Consider whether Sections 198 to 202 or another special territorial provision applies.
- Also confirm that the selected Court is competent to try the particular offence.
Official legal resources
For authoritative reference, consult the current text of the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and official criminal-law material published by the Ministry of Home Affairs and the Bureau of Police Research and Development.
Note: This article provides general legal information. Territorial jurisdiction can depend on the precise facts and ingredients of an alleged offence, and case-specific legal advice may be necessary.