Place of trial in case of certain offences
AI Assist
Summary
Certain offences may be inquired into or tried either where the offence happened or where the accused, victim, person, or relevant property is found or kept. It covers thuggery and dacoity (including murder), kidnapping or abduction, theft, robbery, criminal misappropriation and breach of trust, and offences involving possession of stolen property. Consequence: any court having local jurisdiction over those places may hear the case.
Example
Ravi steals a mobile in Lucknow and sells it to Aditya in Kanpur, who knew it was stolen. The case can be tried in Lucknow where the theft happened or in Kanpur where the stolen phone was possessed by Aditya.
Bare Act
Enacted text(1) Any offence of being a thug, or murder committed by a thug, of dacoity, 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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