Wednesday, 31 August 2017

Monday, 13 May 2019

Jurisdiction Of Criminal Courts Inquiries And Trial

Jurisdiction usually implies the authority provided to the court by law, for the purpose of ruling cases on matters of legal, within a particular area or a region of the country. Different courts are based upon different jurisdiction, along with distinct amount of money. For example, State Courts have the jurisdiction over the matters of the state only. However, today we are primarily going to focus on Jurisdiction Of Criminal Courts Inquiries And Trial.

Jurisdiction of criminal courts, refers to the power of criminal courts to hear a case brought by a state, denouncing the defendant of the commission of the crime. The term 'Jurisdiction of criminal courts,' is generally used in constitutional law or public law.

The jurisdiction of criminal courts mainly emphasises on regulation of relationship between states or between one state and another state ; regulation of relationship between federal courts and domestic courts comprising federation ; regulation of the type of cases to be adjudicated within the judicial system, by different classification of courts. The Jurisdiction Of Criminal Courts is been further discussed below.
Jurisdiction Of Criminal Courts 

Jurisdiction Of Criminal Courts Inquiries And Trial

1. Section 177 - Ordinary place of inquiries and trial :

Under this section, the magistrate within whose local jurisdiction, the offence is committed, is competent to take cognizance and to try the case. A magistrate has no jurisdiction outside his jurisdiction limits.

2. Section 178 - Place of inquiry or trial :

Under this section, the local areas refers to the local area to which this code applies. It does not include a local area in a foreign country.

3. Section 179 - Offence triable where act is done or consequence ensues :

This section applies to those offences which are not complete unless a specified consequence has happened. It means that, the consequences must be the necessary elements of the offence. Moreover, this section applies to those offences, which by their definition, consist of an act and it's consequence.

4. Section 180 - Place of trial where act is am offence by reason of relation to other offence :

This section is concerned, where an act is an offence by reason of it's relation to any other act which is also an offence. The following are some of it's illustration
(a) A charge of abetment may be inquired into

(b) A charge of receiving or retaining stolen goods may be inquired into

(c) Kidnapping

5. Section 181 - Place of trial in case of certain offences :

This section is concerned, where it is difficult for the complainant to find out, as to where the misappropriation actually occurred. Jurisdiction lies at the place where the property had to be delivered.

The hearing of a case by the court is based upon the repercussion of an alleged crime, which dictates which court will hear what type of case. Jurisdiction Of Criminal Courts Inquiries And Trial comprises these basic and significant sections, discussed so far.

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