Section 178 of Code of Criminal Procedure, 1973 : Supreme Court's Important View on The Provision

 Section 178 of Code of Criminal Procedure, 1973 : Supreme Court's Important View on The Provision

An important Judgment was passed by Hon'ble Supreme Court on 11 April 2011. 

Section 9 (1) of Code of Criminal Procedure, 1973 deals with a Court of Sessions. Section 178 of Code of Criminal Procedure, 1973 deals with a situation when it is uncertain in which of several local areas an offence was committed or where it consists of several acts done in different local areas or where an offence is a continuing one, and continues to be committed in more local areas than one.

In Sunita Kumari Kashyap v State of Bihar [2011] GCtR 3027 (SC) it was commented thus : - 

"The normal rule is that the offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. However, when it is uncertain in which of several local areas an offence was committed or where an offence is committed partly in one local area and partly in another or where an offence is a continuing one, and continues to be committed in more than one local area and takes place in different local areas as per Section 178, the court having jurisdiction over any of such local areas is competent to inquire into and try the offence. Section 179 makes it clear that if anything happened as a consequence of the offence, the same may be inquired into or tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

https://main.sci.gov.in/daily-order

Then entering the date of Judgment, for example, as 11 April 2011.

Written by 

Vishal

Delhi

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