Section 183 CrPC and Section 203 BNSS: Offence Committed on Journey or Voyage
An offence committed while a person or relevant property is travelling may be inquired into or tried by a court whose territorial jurisdiction the person or property passed through or entered during the journey. The current corresponding rule is Section 203 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 183 CrPC: Statutory text
Offence committed on journey or voyage. When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.
This was the rule in Chapter XIII of the CrPC governing the place of inquiry or trial. It remains relevant when assessing proceedings to which the former Code continues to apply under saving provisions.
Section 203 BNSS, 2023: Present legal provision
203. Offence committed on journey or voyage. When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.
Section 203 falls within the BNSS provisions on jurisdiction of criminal courts in inquiries and trials. It gives an additional territorial basis where an offence takes place during a journey or voyage, rather than limiting the inquiry or trial to a single point on the route.
Meaning and essential requirements
What is a journey or voyage?
In ordinary usage, a journey means travel from one place to another, including by road, railway or air. A voyage ordinarily refers to travel by water. The section itself does not restrict the rule to a particular means of transport.
Who or what must be travelling?
The provision covers an offence committed while the person committing the offence, the person against whom it is committed, or the thing in respect of which it is committed is in the course of travel. The journey and the offence must have the statutory connection; a route unconnected with the offence is not enough.
Which court can inquire into or try the offence?
A court within whose local limits the relevant person or thing passed during the journey may have territorial jurisdiction. This rule does not override requirements concerning the class of court competent to try the particular offence, special statutes or other applicable jurisdictional rules.
Practical illustrations
| Situation | Possible territorial jurisdiction |
|---|---|
| A passenger is assaulted on a train travelling through several districts. | A competent court in a district through which the relevant passenger passed during that journey may fall within Section 203. |
| Property is stolen from a traveller during an intercity bus journey. | Courts along the relevant route may have jurisdiction, depending on the established journey and facts. |
| An offence concerning cargo occurs while the cargo is transported by ship. | A competent court in a local jurisdiction through or into which the relevant cargo passed may be considered, subject to maritime and other applicable laws. |
These illustrations explain the rule; they do not establish jurisdiction in every case. The route, location of the relevant person or property, nature of the offence and applicable special law must be examined.
Related provisions on territorial jurisdiction
Section 197 BNSS sets out the ordinary place of inquiry and trial, generally where an offence was committed. Section 198 BNSS addresses situations where the place of commission is uncertain or where an offence spans multiple areas. Section 199 BNSS deals with an offence involving an act and an ensuing consequence. Section 204 BNSS governs the place of trial for offences triable together.
For legacy CrPC references, see Section 181 CrPC, Section 182 CrPC, and Section 184 CrPC.
Frequently asked questions
Is Section 183 CrPC still the current provision?
For the new procedural framework, the corresponding provision is Section 203 BNSS, in force from 1 July 2024. The effect of the BNSS saving clause must be considered for older pending proceedings.
Can a criminal case arising on a train be tried in a district through which the train passed?
Potentially yes. Section 203 permits inquiry or trial by a competent court through or into whose local jurisdiction the relevant person or thing passed during the journey, provided the statutory facts are established.
Does this section decide where an FIR must be registered?
No. Section 203 primarily concerns territorial jurisdiction for inquiry or trial. FIR registration and investigation are governed by other procedural provisions, including Section 173 BNSS where applicable.
Official legal sources
Read the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, the NCRB BNSS chapter and section text, and the Bureau of Police Research and Development criminal law resources.
Disclaimer: This article provides general legal information and is not a substitute for advice based on the facts of a particular case.