What Is BNSS Section 198?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 198: Place of inquiry or trial

(a) When it is uncertain in which of several local areas an offence was committed; or

(b) where an offence is committed partly in one local area and partly in another; or

(c) where an offence is a continuing one, and continues to be committed in more local areas than one; or

(d) where it consists of several acts done in different local areas,

it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

Brefe Detail

This section addresses scenarios where the jurisdiction of a Court may be unclear due to the nature of the offense. It specifies that when an offense involves multiple local areas, any Court with jurisdiction over those areas may handle the inquiry or trial.

Question & Answers

When can a Court in one local area try an offense committed in multiple areas?

A Court can try an offense if it is uncertain where the offense was committed, if it was committed partly in different areas, if it is a continuing offense across multiple areas, or if it involves several acts in different areas.

What are the conditions listed for jurisdiction in this section?

The conditions are:

• Uncertainty about the local area of the offense.
• The offense committed partly in one area and partly in another.
• A continuing offense across multiple local areas.
• Several acts done in different local areas.

Example

Example of Uncertain Jurisdiction: If a theft occurs near the border of two local areas, it may be tried in either jurisdiction.

Example of Continuing Offense: If a person is committing fraud online that affects residents in multiple local areas, the case can be tried in any of those areas.

Example of Multiple Acts: If someone commits a series of burglaries in various neighborhoods, the inquiry can be conducted by a Court in any of those neighborhoods.

Summary

Section 198 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the conditions under which a Court can have jurisdiction over an offense involving multiple local areas. It provides flexibility in legal proceedings to ensure that justice can be served even when the offense spans different jurisdictions.