The question of territorial jurisdiction in civil cases, revolves mainly around :-
(i) cause of action; or
(ii) location of the subject matter of the suit or
(iii) the residence of the defendant etc., according as the case may be,
the question of territorial jurisdiction in criminal Cases revolves around:-
(i) place of commission of the offence or
(ii) place where the consequence of an act, both of which constitute an offence, ensues or
(iii) place where the accused was found or
(iv) place where the victim was found or
(v) place where the property in respect of which the offence was committed, was found or
(vi) place where the property forming the subject matter of an offence was required to be returned or accounted for, etc., according as the case may be.
While jurisdiction of a civil court is determined by (i) territorial and (ii) pecuniary limits, the jurisdiction of a criminal court is determined by (i) the offence and/or (ii) the offender. But the main difference between the question of jurisdiction raised in civil cases and the question of jurisdiction arising in criminal cases, is twofold.
(i) The first is that the stage at which an objection as to jurisdiction, territorial or pecuniary, can be raised, is regulated in civil proceedings by Section 21 of the Code of Civil Procedure, 1908. There is no provision in the Criminal Procedure Code akin to Section 21 of the Code of Civil Procedure.
(ii) The second is that in civil proceedings, a plaint can be returned, under Order VII, Rule 10, CPC, to be presented to the proper court, at any stage of the proceedings. But in criminal proceedings, a limited power is available to a Magistrate under section 201 of the Code, to return a complaint. The power is limited in the sense (a) that it is available before taking cognizance, as section 201 uses the words “Magistrate who is not competent to take cognizance” and (b) that the power is limited only to complaints, as the word “complaint”, as defined by section 2(d), does not include a “police report”.
(r) ” police report” means a report forwarded by a police officer to Magistrate under sub- section (2) of section 173;
(d) ” complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a non- cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;
Chapter XIII of the Code of Criminal Procedure, 1973 contains provisions relating to jurisdiction of criminal Courts in inquiries and trials. The Code maintains a distinction between
(i) inquiry;
(ii) investigation; and
(iii) trial. The words “inquiry” and “investigation” are defined respectively in clauses (g) and (h) of Section 2 of the Code.
Kaushik Chaterjee vs State Of Haryana on 30 September, 2020
