This article has been written by Aparajita Balaji, a student of Vivekananda Institute Of Professional Studies, affiliated to Guru Gobind Singh Indraprastha University, Delhi. In this article, she has discussed the difference between an inquiry and trial, along with the courts which are eligible to try any particular offence. The jurisdiction of the criminal courts in India has also been widely discussed along with the need for such broad classification and jurisdiction.
When an offence has been committed at a particular place, usually the court in whose jurisdiction the crime has been committed has the jurisdiction to inquire into and try that case, but doubt arises when the offence has been committed in a foreign country. It is a well-settled principle of International Law that whenever a person is guilty of any offence, committed by him in a foreign state, the offence would be punishable according to the laws of that state, where the crime has been committed.
Meaning of Inquiry and Trial
According to Section 2(g) of the Code of Criminal procedure(hereinafter referred to as CrPc), “inquiry” is defined as “every inquiry, which does not come under the definition of trial, which is looked into by either the court of a Magistrate, or by any other Court so authorized under the Code Of Criminal Procedure. This means and includes all those proceedings before framing of charges”.
It can be conducted either by a Magistrate or before a Court. These proceedings do not result in conviction or acquittal. It can only result in discharge or commitment of trial. It refers to everything done before the trial begins. Trial begins where inquiry ends. The object of inquiry is to identify whether the allegations are sustainable or not.
Types of Inquiry
- Judicial Inquiry
- Non – Judicial Inquiry
- Preliminary Inquiry
- Local Inquiry
- Inquiry into an offence
- Inquiry into matters other than an offence
The trial commences when the inquiry stage comes to an end. It is the most important and the third part of a judicial proceeding. It is the process by which the guilt or innocence of an allegation on a person is ascertained.
According to Section 190 of the CrPC, some points need to be kept in mind before the initiation of the proceedings. The trial is a part of the proceedings in which the examination of witnesses is done. Moreover, the cause is also determined by the judicial tribunal, and it is concluded by either the conviction or the acquittal of the accused person.
Types of Trials
The trials have been divided into four categories which have different approaches and procedures.
- Session trial
- Warrant trial
- Summons trial
- Summary trial
Jurisdiction of the Criminal Courts
- Section 177 – According to this section, the Court under whose jurisdiction the offence has been committed only has the authority to inquire into and try such case.
- Section 178 deals with the situations where the offence has been committed in more than one place,
- When the place of commission of the offence is uncertain because it has been committed in several places.
- Where an offence is partly committed in one local area and the rest in another area.
- When the offence comprises of several acts, committed in different local areas.
If any of the above conditions are fulfilled, then such offence may be inquired into or tried by a Court having jurisdiction over any of such local area.
- Section 179, emphasises that fact that when an act is an offence because of anything which has been done and as a consequence which has ensued, the said offence may be inquired into or tried by a court of competent jurisdiction.
- Section 180 deals with the place of trial when the act committed is an offence because it is related to some other offence. According to it the offence which has been committed first has to be inquired into or tried, when two acts are done in connection with each other and both are offences, by the court under whose jurisdiction either of the act has been committed. In all such provisions, the emphasis is always on the place where the offence has been committed, to find the jurisdiction.
- But, section 181 specifies conditions in case of certain offences. According to section 181(1), the trial can also be commenced where the accused is found, besides the place where the offence was committed. Section 181(1) talks about the offences, when not committed in a single place. It deals with the following cases.
- Thug, or murder committed while performing the act of thug, dacoity, or dacoity with murder etc- where the offence is committed or where the accused is found.
- Kidnapping or abduction of a person- the place from where the person was kidnapped/ abducted or where the person was concealed or conveyed or detained.
- Theft, extortion or robbery – the Court where the offence has been committed or where the stolen property is possessed, received or delivered, has the jurisdiction to try such a case.
- Criminal misappropriation or criminal breach of trust- where the offence has been committed or where any part of the property which is the subject matter of the offence has been received or retained, required to be returned or accounted for, by the accused.
But the above section deals with offences when the offender is travelling, as evident from the nature of the offences as specified under this section.
- Section 182 deals with offences committed by letters etc. Under this section, if any offence includes cheating, if the victim has been deceived by means of letters or telecommunication messages, it shall be looked into by the Court under whose local jurisdiction such letters or messages have been sent or received; and under the local jurisdiction of the Court in which the property has been delivered by the person deceived or has been received by the accused person.
- Section 183 deals with offences which have been committed during journey or voyage. When a person commits an offence, during journey or against a person who is travelling, or the thing in respect of which, the offence has been committed is in due course of its journey or voyage, the offence has to be inquired into or tired by a Court through or into whose local jurisdiction that person or thing has passed, during the journey.
- The place of trial for offences which are triable together consists of two circumstances.
- When any person commits offences, such that he may be charged with, tried at one trial for, each such offence according to the provisions of section 219, section 220 or section 221.
- When the offences or offences have been committed by several persons, in a manner that the Court may charge and try them together, according to the provisions of section 223.
In either of the circumstances, the Court which is competent to inquire and try such do the same.
- Section 185 deals with the power of the State Government, according to which the government can direct that any cases or class of cases which have been committed for trial in any district, may be tried in a sessions court. It has to ensure that such direction is not inconsistent with any of the directions which have been already issued by any other Superior Court, as per the Constitution, or as mentioned under the Code of Criminal Procedure or under any other law for the time being in force.
- Section 186 addresses the situation wherein the cognizance of a particular offence has been taken by two or more courts and confusion arises as to which of the Courts shall inquire into or try that offence, in such a case, only the High Courts have the authority to resolve the confusion. The criteria for resolving such issues are as follows.
- If the same High Court supervises the courts involved, then by that High Court
- If the same High Court does not supervise the courts involved then, by the High Court which first commenced the proceedings as an appellate criminal court. Thereafter, all the other proceedings in respect of that offence shall be discontinued.
- Section 187 states the power of a Magistrate to issue summons or warrant for offences which have been committed beyond his local jurisdiction. In such a situation the Magistrate has the authority to order such a person to be produced before him and then send him to the Magistrate of competent jurisdiction.
- The conditions related to the offences when committed outside the territory of India have been dealt with under section 188. According to this section, when an offence is committed outside India-
- by a citizen of India, whether on the high seas or elsewhere
- by a person, not being such citizen, on any ship or aircraft registered in India.
Such a person may be treated in respect of such offence as if it had been committed at any place within India and at such a place, where he may be found.
The proviso to this section specifies that no such offence shall be inquired into or tried in India without the previous sanction from the Central Government. The most important factor in the above-mentioned provision is the place where the offence has been committed.
Section 188 specifically deals with the case when the offence is committed outside India. These offences have to be deemed to have been committed in India, if committed by an Indian citizen, in high seas or in any other place. Also, when the offence is committed by a person who although is not an Indian citizen but is travelling in any Indian aircraft or ship.
- When the provisions of Section 188 are applicable, then the Central Government may, if it deems fit, direct that the copies of depositions or exhibits given to a judicial officer or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.
- Section 188 and Section 189 should be read together. They proceed on the basis that a fugitive is in India and can be found anywhere in India. The Court has to find the accused and the finding of the accused has to be done where the accused appears. It is clear from the above section that the accused cannot be found by a mere complaint or by the Police.
- Further, it is next to impossible for the victim of an offence committed outside India, to visit India and try to ascertain the location of the accused and then approach the court. The balance of convenience is higher on the side of such a victim. Therefore, all such points have been considered while drafting Section 188 and Section 189 of the Code of Criminal Procedure. The said victim has been vested with the right to approach any Court in India according to his convenience and file a case in respect of the offence committed upon him by an Indian abroad.
In the case of Reg vs. Benito Lopez(1), the issue related to the jurisdiction of English Courts for the offences committed on the high seas by foreigners who are travelling in England borne ships was questioned. It was held that the country which tried the accused did not go beyond its jurisdiction. The decision highlighted the important principle of International Law that a person is liable to be punished of all such offences, which he has committed irrespective of the place where it is committed.
Whenever an offence is committed, the first question which arises is that in whose jurisdiction the offence would fall. The jurisdictional issue is the most important issue which needs to be resolved so that the proceedings can begin without any hindrance. Sections 177-189 deals with the concept of jurisdiction. Under normal circumstances, the case shall be inquired and tried by a court under whose jurisdiction the offence has been committed.
However, there are certain cases where more than one Court have the power to inquire and try the cases. Such issues have been explicitly dealt with by the provisions of the Code of Criminal Procedure. The Code also mentions the circumstances when the offence is committed by an Indian citizen in a foreign country or by a foreign travelling in an aircraft or ship registered in India. The courts need to consider all the factors governing the jurisdiction and begin with the proceedings after referring to the Code of Criminal Procedure.
- 1858 Cr LC 431
- The Code of Criminal Procedure, 1973.
- The Code Of Criminal Procedure by Justice YV Chandrachud and VR Manohar- Ratanalal and Dheeraj Lal- 16th edition 2002.