Criminal procedure | Territorial jurisdiction | Updated October 2026

Section 177 CrPC and Section 197 BNSS: Ordinary Place of Inquiry and Trial

The general rule of territorial jurisdiction in Indian criminal procedure is that an offence is ordinarily inquired into and tried by a criminal court within whose local jurisdiction it was committed.

Current law: Section 197 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective from 1 July 2024, carries forward the rule formerly contained in Section 177 of the Code of Criminal Procedure, 1973 (CrPC). Transitional cases must be considered under the applicable saving provisions.

Text of Section 177 CrPC

Section 177 of the Code of Criminal Procedure, 1973, titled Ordinary place of inquiry and trial, provides:

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

Section 197 BNSS: Corresponding current provision

Section 197 of the Bharatiya Nagarik Suraksha Sanhita, 2023, also titled Ordinary place of inquiry and trial, retains the same substantive rule:

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

The expression local jurisdiction refers to the geographical area over which a criminal court is legally empowered to exercise its authority. The word ordinarily makes this the general rule, subject to other statutory provisions permitting trial elsewhere.

Meaning and practical application

Territorial jurisdiction identifies the proper geographical forum for an inquiry or trial. For example, where an offence is committed wholly within one district, the competent criminal court for that locality will ordinarily hear the matter, subject to its jurisdiction over the offence and other applicable legal requirements.

This rule concerns the place of inquiry or trial. It should not be confused with the police power to receive information about an offence or investigate it. Nor does it mean that every territorial objection automatically invalidates proceedings; the applicable statutory provisions and the circumstances must be examined.

When can an offence be tried in another place?

The general rule must be read with other provisions of Chapter XIV of the BNSS governing jurisdiction of criminal courts in inquiries and trials:

Section 198 BNSS (formerly Section 178 CrPC): covers uncertainty about the place of commission, offences spanning multiple areas, continuing offences, and offences comprising acts in different areas.
Section 199 BNSS (formerly Section 179 CrPC): permits inquiry or trial where an act was done or where its consequence ensued.
Section 200 BNSS (formerly Section 180 CrPC): deals with offences constituted by reference to another offence.
Other specific rules: additional BNSS provisions address particular offences, electronic communications, journeys, connected offences and transfers.

Accordingly, the location of the accused or complainant alone does not necessarily determine the proper trial court. The alleged acts, legally relevant consequences, and specific jurisdictional rules must be considered together.

Illustrative situations

Offence committed in a single locality

If the alleged criminal act occurs entirely in City A and no special rule applies, a competent court exercising jurisdiction over City A will ordinarily conduct the inquiry or trial.

Acts or consequences in more than one locality

Where legally relevant acts occur in different districts, or an act in one area produces a legally relevant consequence in another, Sections 198 or 199 BNSS may permit more than one territorial forum. The precise facts and ingredients of the offence are decisive.

Does Section 177 CrPC still matter?

Yes. The BNSS repealed the CrPC with effect from 1 July 2024, but Section 531 BNSS contains repeal and savings provisions. Pending proceedings and other transitional matters may continue under the former Code as provided by law. It is therefore important to identify the date and procedural status of the case before selecting the governing provision.

Official legal sources

Note: This article provides general legal information. The court with jurisdiction in a particular case depends on the allegations, applicable law and procedural history.