Criminal procedure | Territorial jurisdiction
Section 178 CrPC: Place of Inquiry or Trial - Section 198 BNSS
Section 178 of the Code of Criminal Procedure, 1973 (CrPC) sets out where a criminal case may be inquired into or tried when an offence is connected with more than one local area. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 198.
Key rule: Where the place of commission is uncertain, an offence spans different areas, a continuing offence occurs in several areas, or its component acts occur in different areas, a court having jurisdiction in any such area may inquire into or try the offence.
Current law and commencement
The BNSS generally came into force on 1 July 2024, replacing the CrPC for proceedings governed by the new law. Section 198 BNSS substantially carries forward the territorial-jurisdiction rule in Section 178 CrPC. The BNSS saving provisions, including Section 531, should be considered for proceedings already pending when the new law commenced.
Read the official legislative texts at India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and India Code - Code of Criminal Procedure, 1973. Check the latest consolidated text and applicable notifications when applying these provisions.
What Section 178 CrPC provides
Section 178 is an exception to the ordinary rule under Section 177 CrPC that an offence is ordinarily tried in the local jurisdiction where it was committed. It recognises four alternative situations:
- Clause (a) - Uncertain location: It is uncertain in which of several local areas the offence was committed.
- Clause (b) - Offence partly in different areas: The offence was committed partly in one local area and partly in another.
- Clause (c) - Continuing offence: The offence continues to be committed in more local areas than one.
- Clause (d) - Several acts in different areas: The offence consists of several acts performed in different local areas.
In each situation, the statute permits inquiry or trial by a court with jurisdiction over any of the relevant local areas. The four clauses are alternatives; the facts need not satisfy all of them.
Section 198 BNSS: Corresponding provision
Section 198 BNSS, titled Place of inquiry or trial, retains the same four-part approach to criminal territorial jurisdiction. Courts consider where the alleged acts occurred, whether the offence is continuing, and whether the acts forming the offence extend across different areas.
| Situation | CrPC | BNSS | Practical effect |
|---|---|---|---|
| Ordinary place of trial | Section 177 | Section 197 | Normally where the offence occurred |
| Uncertain or multiple locations | Section 178 | Section 198 | Any qualifying local area may have jurisdiction |
| Act and consequence in different places | Section 179 | Section 199 | Place of act or legally relevant consequence |
| Offence linked to another offence | Section 180 | Section 200 | Jurisdiction may follow the related offence |
Illustrations of territorial jurisdiction
1. Uncertain place of commission
Evidence suggests an alleged offence occurred in either District A or District B, but its exact location cannot initially be established. Depending on the facts, a competent court in either district may exercise jurisdiction under clause (a).
2. Acts occurring in two districts
Where legally relevant parts of one offence are committed in District A and District B, clause (b) may allow a court in either area to inquire into or try it.
3. Continuing offence
If an offence is legally characterised as continuing and extends across multiple local areas, clause (c) may apply. A repeated effect or continuing hardship does not automatically make every offence a continuing offence; the elements of the particular offence matter.
4. Several constituent acts
Where the alleged offence is made up of distinct acts carried out in different local areas, clause (d) may permit trial in any area in which a constituent act occurred.
How a court determines the correct venue
The court examines the allegations and the legal ingredients of the charged offence, not merely the address of the complainant or accused. Relevant material may include the location of conduct, communications, transactions, documents, and any legally relevant consequences. The question of territorial jurisdiction can depend on the stage of proceedings and the evidence ultimately established.
Section 178 should be read with the general venue rule under Section 177 and the separate provisions governing an act and its consequence under Section 179 CrPC, and related offences under Section 180 CrPC. Their BNSS counterparts are Sections 197, 199 and 200 respectively.
Frequently asked questions
What is the new BNSS section for Section 178 CrPC?
Section 198 BNSS is the corresponding provision concerning the place of inquiry or trial where an offence is connected with multiple local areas.
Can a criminal case be tried in more than one possible district?
Yes. If one of the statutory circumstances applies, a court in any qualifying local area may have territorial jurisdiction, subject to other legal requirements.
Does Section 178 apply to every offence involving two people in different cities?
No. The location of the parties alone is insufficient. The relevant offence must satisfy at least one of the statutory conditions.
Does the BNSS apply to older pending criminal cases?
The answer depends on the saving and transitional provisions, particularly Section 531 BNSS, and the procedural posture of the case.
Official legal references
- Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code (Sections 173, 197-200 and 531).
- Code of Criminal Procedure, 1973 - India Code (Sections 177-180).
- e-Gazette of India (commencement notifications and statutory updates).