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Section 201 BNSS: Place of Trial in Case of Certain Offences

Section 201 of the Bharatiya Nagarik Suraksha Sanhita, 2023 specifies the courts that may inquire into or try certain offences when the offence, the accused, the victim or relevant property is connected with more than one place.

Law: Bharatiya Nagarik Suraksha Sanhita, 2023 Act: 46 of 2023 In force: 1 July 2024 Topic: Territorial jurisdiction and place of trial

In brief: Section 201 creates additional territorial-jurisdiction options for specified offences. Depending on the offence, proceedings may be taken where the offence occurred, where the accused is found, where a kidnapped or abducted person was moved or detained, or where relevant property was possessed, received, retained, returned or accounted for.

Text of Section 201 BNSS

201. (1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

What Section 201 BNSS means

The general rule of criminal territorial jurisdiction is ordinarily linked to the place where an offence is committed. Section 201 provides specific rules for the listed offences so that a court may exercise jurisdiction at another location that has a legally defined connection with the offence, the accused, the victim or the property involved.

Offence or category	Court may have jurisdiction where	Sub-section
Dacoity, dacoity with murder, belonging to a gang of dacoits, or escaping from custody	The offence was committed, or the accused person is found	Section 201(1)
Kidnapping or abduction	The person was kidnapped or abducted, or was conveyed, concealed or detained	Section 201(2)
Theft, extortion or robbery	The offence was committed, or the stolen property was possessed by the offender or by a receiver or retainer with the required knowledge or reason to believe	Section 201(3)
Criminal misappropriation or criminal breach of trust	The offence was committed, or the property was received or retained, or was required to be returned or accounted for	Section 201(4)
Offence involving possession of stolen property	The offence was committed, or the stolen property was possessed by a receiver or retainer with the required knowledge or reason to believe	Section 201(5)

Key points for determining the place of inquiry or trial

Dacoity and related offences: jurisdiction can arise both at the place of commission and at the place where the accused is found.
Kidnapping and abduction: jurisdiction is not confined to the point of taking; it may also extend to a place through which the victim was conveyed or where the victim was concealed or detained.
Theft, extortion and robbery: the location of stolen property can create jurisdiction in the circumstances stated in Section 201(3).
Criminal breach of trust and misappropriation: the place where property was received, retained, required to be returned, or required to be accounted for may be important.
Possession of stolen property: the provision recognizes jurisdiction where the stolen property was possessed by a person who received or retained it with the statutory mental element.

Section 201 BNSS and former Section 181 CrPC

Section 201 BNSS corresponds broadly to Section 181 of the Code of Criminal Procedure, 1973. The structure and territorial-jurisdiction rules are substantially carried forward, while the former CrPC wording concerning a "thug" and murder committed by a thug does not appear in Section 201(1) BNSS.

Application note: The BNSS came into force on 1 July 2024. Questions concerning proceedings connected with the earlier Code of Criminal Procedure may also require consideration of the repeal-and-savings provisions and the facts and procedural stage of the particular case.

Related BNSS provisions on territorial jurisdiction

Section 201 should be read in the wider sequence of BNSS provisions governing the place of inquiry and trial. The following sections continue that subject:

Official sources

For the authoritative statute and commencement information, refer to the official Government of India sources below.

India Code - BNSS 2023 India Code - Official Act PDF MHA - Commencement Notification

Legal information: This page is intended as a general explanation of the statutory provision. Territorial jurisdiction can depend on the precise allegations, location of acts, movement of persons or property, procedural stage, and other applicable BNSS provisions.