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BNSS, 2023
Start Practicing
BNSSChapter XIVSection 197
Section197

Ordinary place of inquiry and trial

AI Assist

Summary

Ordinarily, an offence is investigated and tried by the court whose local jurisdiction covers the place where the offence happened. Proceedings should normally start and continue in that local court rather than in a distant court. Venue changes only if another law or judicial order allows it.

Example

Priya's shop is broken into and she files an FIR at the local police station. The inquiry and trial will ordinarily take place in the court that has local jurisdiction over that shop, so hearings will be held in that local court unless law or order shifts the venue.

Bare Act

Enacted text

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

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XIV

Chapter XIV

Jurisdiction of The Criminal Courts in Inquiries and Trials

In this chapter

  • 197Ordinary place of inquiry and trial
  • 198Place of inquiry or trial
  • 199Offence triable where act is done or consequence ensues
  • 200Place of trial where act is an offence by reason of relation to other offence
  • 201Place of trial in case of certain offences
  • 202Offences committed by means of electronic communications, letters, etc
  • 203Offence committed on journey or voyage
  • 204Place of trial for offences triable together
  • 205Power to order cases to be tried in different sessions divisions
  • 206High Court to decide, in case of doubt, district where inquiry or trial shall take place
  • 207Power to issue summons or warrant for offence committed beyond local jurisdiction
  • 208Offence committed outside India
  • 209Receipt of Evidence relating to offences committed outside India
Previous · Section 196Inquiry by Magistrate into cause of deathNext · Section 198Place of inquiry or trial