Bharatiya Nagarik Suraksha Sanhita, 2023
Section 198 BNSS: Place of Inquiry or Trial
Section 198 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides special rules of territorial jurisdiction where an offence cannot be connected to only one local area. It allows inquiry or trial in any local area having the statutory connection described in the section.
Text of Section 198 BNSS
198. (a) When it is uncertain in which of several local areas an offence was committed; or
(b) where an offence is committed partly in one local area and partly in another; or
(c) where an offence is a continuing one, and continues to be committed in more local areas than one; or
(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
Meaning of Section 198 BNSS
Section 197 states the ordinary rule that an offence is generally inquired into and tried by the Court within whose local jurisdiction it was committed. Section 198 deals with situations where applying only one place of commission would be difficult or inappropriate because the offence has a connection with more than one local area.
Where any one of the four situations in Section 198 applies, a Court having jurisdiction over any of the relevant local areas may conduct the inquiry or trial.
Four situations covered by Section 198
| Clause | Situation | Jurisdictional effect |
|---|---|---|
| Section 198(a) | It is uncertain in which of several local areas the offence was committed. | A Court having jurisdiction over any of those local areas may inquire into or try the offence. |
| Section 198(b) | The offence is committed partly in one local area and partly in another. | Either connected local area may provide territorial jurisdiction. |
| Section 198(c) | The offence is a continuing offence and continues to be committed in more than one local area. | A Court in any local area in which the continuing offence occurs may have jurisdiction. |
| Section 198(d) | The offence consists of several acts done in different local areas. | A Court having jurisdiction over any local area where one of those constituent acts was done may inquire into or try the offence. |
When the exact place of offence is uncertain
Section 198(a) prevents a criminal case from failing merely because it is uncertain which of several local areas was the precise place of commission. If the available facts connect the offence with several local areas but do not establish one exact place, the inquiry or trial may proceed before a competent Court in any of those areas.
Offence committed partly in different local areas
Under Section 198(b), territorial jurisdiction may exist in more than one place where part of the offence is committed in one local area and another part is committed elsewhere. The provision recognises that all ingredients or parts of an offence need not occur within the territorial limits of a single Court.
What is a continuing offence?
For the purpose of Section 198(c), the important statutory feature is that the offence continues to be committed in more local areas than one. Where the same continuing offence extends across different territorial areas, a Court having jurisdiction over any such area may inquire into or try it.
Several acts done in different local areas
Section 198(d) applies where an offence consists of several acts and those acts are done in different local areas. Instead of restricting the case to only one place, the section permits inquiry or trial by a Court having jurisdiction over any of those local areas.
Section 197 and Section 198: key difference
| Provision | Main rule |
|---|---|
| Section 197 BNSS | Ordinarily, the offence is inquired into and tried where it was committed. |
| Section 198 BNSS | Where the offence is uncertain, divided, continuing, or made up of acts across different local areas, jurisdiction may lie in any relevant local area specified by the section. |
Relationship with Sections 199 and 200 BNSS
Section 199 addresses an offence that depends both on something done and on a consequence that ensues. In such a case, jurisdiction may arise where the act was done or where the consequence occurred. Section 200 deals with an act that becomes an offence because of its relation to another act that is also an offence, or would be an offence if the person doing it were capable of committing an offence.
Practical points for territorial jurisdiction
- Identify every act or omission forming part of the alleged offence.
- Identify the local area where each relevant act or omission occurred.
- Check whether the precise place of commission is uncertain.
- Consider whether the alleged offence is continuing across different areas.
- Determine whether several constituent acts were done in different local areas.
- Read Section 198 together with Sections 197, 199, 200 and other applicable territorial-jurisdiction provisions.
Official legal resources
For authoritative reference, consult the current text of the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs portal for the new criminal laws.
Note: This article provides general legal information. Territorial jurisdiction depends on the statutory ingredients and facts of the particular offence, and case-specific legal advice may be necessary.