Bharatiya Nagarik Suraksha Sanhita, 2023
Section 199 BNSS: Offence Triable Where Act Is Done or Consequence Ensues
Section 199 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a special rule of territorial jurisdiction where an offence depends both on something done and on a consequence that follows. In such a case, the offence may be inquired into or tried either where the act was done or where the consequence ensued.
Text of Section 199 BNSS
199. When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.
Meaning of Section 199 BNSS
The provision applies where the legal character of an offence depends not only on the conduct of the accused but also on a consequence resulting from that conduct. If the act occurs in one local area and the consequence occurs in another, territorial jurisdiction may exist in either place.
Section 199 therefore prevents jurisdiction from being confined only to the place where the initial act occurred when the consequence that forms part of the offence arises elsewhere.
Two places that may have jurisdiction
| Relevant connection | Jurisdiction under Section 199 |
|---|---|
| Place where the relevant act or thing was done | A Court within that local jurisdiction may inquire into or try the offence. |
| Place where the legally relevant consequence ensued | A Court within that local jurisdiction may also inquire into or try the offence. |
What does "consequence ensues" mean?
For Section 199 to apply, the consequence must be legally relevant to the offence. It is not enough that some incidental effect occurred elsewhere. The consequence relied upon for territorial jurisdiction should form part of the factual and legal basis on which the alleged act becomes an offence.
Section 197 and Section 199: key difference
| Provision | Territorial rule |
|---|---|
| Section 197 BNSS | Ordinarily, an offence is inquired into and tried where it was committed. |
| Section 199 BNSS | Where an offence depends on an act and its consequence, jurisdiction may lie where the act was done or where the consequence ensued. |
Relationship with Section 198 BNSS
Section 198 applies where the place of commission is uncertain, the offence is partly committed in different local areas, the offence is continuing across more than one local area, or it consists of several acts done in different local areas. Section 199 focuses specifically on the relationship between an act and the consequence that results from it.
Relationship with Section 200 BNSS
Section 200 deals with a different situation: an act becomes an offence because of its relation to another act which is also an offence, or which would be an offence if the person doing it were capable of committing an offence. In that case, the first-mentioned offence may be tried where either act was done.
Illustrative understanding
If the ingredients of an alleged offence require an act in one place and a legally material consequence in another place, Section 199 allows the criminal Court at either connected place to exercise territorial jurisdiction, subject to the Court otherwise being competent to inquire into or try the offence.
This is a general explanation of the statutory rule. Whether a particular result qualifies as a consequence for jurisdiction depends on the ingredients of the specific offence and the facts alleged.
Practical points for applying Section 199
- Identify the exact statutory ingredients of the alleged offence.
- Identify the act or conduct said to have been done.
- Identify the consequence alleged to have resulted from that act.
- Determine the local area where the act occurred.
- Determine the local area where the legally relevant consequence ensued.
- Check whether Sections 197, 198, 200 or another special jurisdiction provision also applies.
Corresponding provision under the former CrPC
Section 199 BNSS corresponds to Section 179 of the Code of Criminal Procedure, 1973. The wording of the territorial-jurisdiction rule has been carried forward into the BNSS framework.
Official legal resources
For authoritative reference, consult the current Bharatiya Nagarik Suraksha Sanhita, 2023 published through official Government sources, including India Code, the Ministry of Home Affairs and the Bureau of Police Research and Development.
Note: This article provides general legal information. Territorial jurisdiction depends on the ingredients of the offence and the facts of the particular case.