Place of trial in case of certain offences
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Summary
Dacoity, escape from custody and similar serious offences can be tried where the crime happened or where the accused is found. Kidnapping can be tried where the person was kidnapped, conveyed, concealed or detained. Theft, robbery, extortion, criminal misappropriation and breach of trust can be tried where the offence occurred or where the relevant property was possessed, received or retained (including when someone knew it was stolen).
Example
Ravi steals a motorcycle in City A and later keeps it at his cousin’s house in City B. The case can be tried in a court in City A because the theft happened there, or in City B because the stolen motorcycle was possessed there.
Bare Act
Enacted text(1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.
(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.
(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.
(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
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