Indian Criminal Procedure | Territorial Jurisdiction

Section 179 CrPC and Section 199 BNSS: Offence Triable Where Act Is Done or Consequence Ensues

A criminal court may have territorial jurisdiction not only where an unlawful act occurred, but also where a legally relevant consequence of that act occurred. Section 179 of the Code of Criminal Procedure, 1973 established this rule; Section 199 of the Bharatiya Nagarik Suraksha Sanhita, 2023 continues it.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024. The corresponding provision is Section 199 BNSS, not Section 179 BNSS. The application of the former CrPC to pending matters is governed by the repeal and savings provision in Section 531 BNSS.

Text of Section 179 CrPC

Section 179, Code of Criminal Procedure, 1973 - Offence triable where act is done or consequence ensues:

When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.

Section 199 BNSS: Corresponding Current Provision

Section 199 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the same operative wording and the same principle of alternative territorial jurisdiction. It appears in Chapter XIV, dealing with the jurisdiction of criminal courts in inquiries and trials.

For the enacted text, consult the Bureau of Police Research and Development - New Criminal Laws or the National Crime Records Bureau criminal law compendium.

Meaning and Legal Requirements

The provision addresses an offence whose legal character depends upon both conduct and a consequence. Where the relevant conduct takes place in one court's local area and the legally relevant result ensues in another, a court in either area may inquire into or try the offence, subject to other applicable rules.

Act done: The conduct forming part of the alleged offence, committed within a particular territorial area.
Consequence ensues: A result of the act that is legally relevant to the constitution of the offence, not merely a remote or incidental effect.
Inquiry: Under the procedural law, a judicial inquiry other than a trial conducted by a Magistrate or court.
Trial: The judicial process by which the criminal charge is adjudicated.
Local jurisdiction: The geographical area within which a criminal court is legally empowered to exercise its authority.

Illustrative Example

Suppose a person performs an act in District A which causes a legally required harmful consequence in District B. If the ingredients of the alleged offence include both the act and that consequence, Section 199 BNSS may permit inquiry or trial in District A or District B. The precise answer depends on the offence charged, the evidence connecting the consequence to that location, and any special statutory jurisdiction rules.

Simply receiving information about an offence or experiencing an unrelated inconvenience in another district does not, by itself, establish jurisdiction under this provision.

CrPC, 1973	BNSS, 2023	Subject
Section 177	Section 197	Ordinary place of inquiry and trial: generally where the offence was committed.
Section 178	Section 198	Offences involving uncertain, multiple or continuing locations.
Section 179	Section 199	Place where the act was done or its legally relevant consequence ensued.
Section 180	Section 200	Offence arising by reason of its relation to another offence.

Does Section 179 CrPC Still Apply?

The CrPC was repealed upon commencement of the BNSS, but Section 531 BNSS contains transitional savings for specified proceedings already pending immediately before commencement. Whether the former CrPC or the BNSS governs a particular matter requires examination of its procedural history and the applicable savings rules. The date of the alleged offence alone does not conclusively resolve every procedural question.

Frequently Asked Questions

What is the equivalent of Section 179 CrPC in the BNSS?

Section 199 BNSS is the corresponding provision governing an offence triable where the act is done or its consequence ensues.

Can two different districts have jurisdiction over the same offence?

Yes. Where the statutory conditions are met, both the district where the act occurred and the district where the relevant consequence ensued may provide a proper territorial forum.

Is every consequence enough to confer jurisdiction?

No. The consequence must be sufficiently connected to the legal ingredients of the alleged offence. Territorial jurisdiction cannot ordinarily be established solely through an incidental or remote effect.

Does Section 199 BNSS define or punish a criminal offence?

No. It is a procedural rule identifying where an offence may be inquired into or tried. The offence and its punishment are determined under the applicable substantive criminal law.

Official Legal Resources

Information updated: 17 October 2026. This article provides general legal information, not advice on the jurisdiction of any particular prosecution.