Section 181 CrPC and Section 201 BNSS: Place of Trial in Certain Offences
A guide to where criminal cases involving dacoity, kidnapping, theft, extortion, robbery, criminal breach of trust and stolen property may be inquired into or tried in India.
Meaning and scope of the provision
Territorial jurisdiction means the geographical area within which a court may inquire into or try an offence. Inquiry is a judicial proceeding other than a trial, as defined by the applicable procedural code. These provisions provide additional locations for proceedings in specified offences; they do not themselves determine guilt, punishment or the class of court competent to try a case.
Section 201 BNSS: Rules for place of trial
Section 201 contains five subsections dealing with different categories of offences:
1. Dacoity and escape from custody
Under Section 201(1) BNSS, dacoity, dacoity with murder, membership of a gang of dacoits, and escape from custody may be tried where the offence occurred or where the accused is found. The former CrPC provision also mentioned being a thug and murder by a thug; those words are absent from the new subsection.
2. Kidnapping or abduction
Section 201(2) allows inquiry or trial where the victim was kidnapped or abducted, or subsequently conveyed, concealed or detained.
3. Theft, extortion and robbery
Section 201(3) permits trial where the offence took place or where the stolen property was possessed by an offender or by a recipient or retainer who knew, or had reason to believe, it was stolen.
4. Criminal misappropriation and criminal breach of trust
Section 201(4) covers the place of commission as well as the place where any part of the property was received, retained, or required to be returned or accounted for by the accused.
5. Possession of stolen property
Section 201(5) covers the place where the offence was committed or where a person knowingly, or with reason to believe the property was stolen, received or retained it.
How the jurisdiction rules work in practice
Example 1 - Kidnapping: If a person is abducted in City A and detained in City B, courts with appropriate jurisdiction in either place may be competent under Section 201(2), depending on the established facts.
Example 2 - Breach of trust: Where entrusted funds are received in City A and required to be accounted for in City B, Section 201(4) may make both locations relevant. The actual obligation and place of accounting must be established.
Example 3 - Stolen property: Property stolen in City A and knowingly retained in City B can create jurisdictional connections under the applicable subsections. Each alleged offence and accused person's role must be examined separately.
Relationship with other territorial jurisdiction provisions
Section 197 BNSS states the ordinary rule that an offence is ordinarily inquired into and tried where it was committed. Sections 198 to 200 address offences spanning areas, consequences occurring elsewhere, and offences connected with other offences. Section 201 provides specific rules for the categories listed above. The corresponding former CrPC provisions are Sections 177 to 181.
Former Section 181 CrPC
Section 181 of the Code of Criminal Procedure, 1973 set out five substantially similar rules. Its subsection (1) additionally referred to offences of being a thug or murder committed by a thug. Those expressions do not appear in Section 201(1) BNSS. The other listed categories and jurisdictional connections are carried forward. Older proceedings may continue to involve CrPC provisions in accordance with applicable savings and transitional rules.
Official statutory references
Read the BNSS chapter text on the NCRB government portal, the BNSS publication from the Bureau of Police Research and Development, and the India Code official legislation database. Consult the current statutory text and relevant case law for a specific dispute.
Frequently asked questions
What is the current equivalent of Section 181 CrPC?
Section 201 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which took effect on 1 July 2024.
Where can a kidnapping case be tried?
In a competent court where the victim was kidnapped or abducted, conveyed, concealed, or detained, subject to the facts and other applicable jurisdiction rules.
Where can criminal breach of trust be tried?
In a competent court where the offence occurred, or where relevant property was received, retained, or required to be returned or accounted for by the accused.
Does Section 201 BNSS decide which level of court tries the case?
No. It concerns territorial jurisdiction; the competent class of court and other procedural requirements must also be considered.
Updated: 17 October 2026. This article provides general legal information and does not replace advice on the facts of an individual case.