Understanding Sections 197 to 209 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the Code of Criminal Procedure (CrPC), 1973, introduces changes in criminal procedure while keeping the structure of justice delivery intact. One of its key components is Chapter 14 – Jurisdiction of the Criminal Courts in Inquiries and Trials. This chapter, containing Sections 197 to 209, determines where a criminal trial or inquiry should be held depending on the location, nature, or circumstances of an offence.

Comprehending the territorial and procedural jurisdiction is vital, as it impacts how efficiently justice is administered—especially in complex, digital, or cross-border offences.

BNSS Section 197 – Usual Place of Inquiry and Trial

This section sets the basic rule that every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.

This ensures:

• Local courts handle local offences

• Convenience for witnesses, investigators, and all parties involved

However, this general rule is subject to exceptions as detailed in the following sections.

BNSS Section 198 – Place of Inquiry or Trial

This provision expands on the standard rule. It permits the inquiry or trial to be held in multiple places if:

• The act was done in one place but the consequence ensued elsewhere

• Part of the offence occurred in one jurisdiction and the rest in another

This ensures judicial flexibility and is important for offences that extend across multiple territories.

BNSS Section 199 – Offence Triable Where Act is Done or Consequence Ensues

Section 199 reinforces that an offence can be tried where:

• The act was committed, or

• The consequence of the act occurred

This is especially relevant for:

• Cases of poisoning across districts

• Online fraud where damage is felt in a different location from where it originated

BNSS Section 200 – Place of Trial Where Act is an Offence by Reason of Relation to Other Offence

Where an act becomes an offence only because of its connection with another offence, the trial can take place in the court having jurisdiction over either offence.

Examples include:

• Conspiracy and the resultant offence

• Theft and receiving of stolen property

This allows for efficient joint trials and reduces repetitive proceedings.

BNSS Section 201 – Place of Trial in Case of Certain Offences

This section deals with specific offences like:

• Criminal misappropriation or breach of trust

• Cheating

• Dealing with stolen property

The trial can be held where:

• The act occurred, or

• The property was received or retained

This prevents complications where stolen assets move across multiple jurisdictions.

BNSS Section 202 – Offences Committed by Means of Electronic Communications, Letters, etc.

This modern addition allows offences committed through:

• Emails, messages, social media, or

• Letters

To be tried in the location:

• Where the message was sent, or

• Where it was received

It is particularly useful for:

• Cybercrime

• Online harassment

• Financial fraud

This provision ensures accountability in an era of widespread digital interactions.

BNSS Section 203 – Offence Committed on Journey or Voyage

Offences committed during journeys or voyages (train, flight, ship, or vehicle) can be tried in any place through which the accused passed during that journey.

This flexibility is essential for:

• In-transit offences

• Crimes occurring during long-distance travel

BNSS Section 204 – Place of Trial for Offences Triable Together

When multiple offences committed by the same person or group are legally connected, they can be tried together in any jurisdiction where any one offence took place.

This supports:

• Judicial economy

• Coherent judgment in multi-offender cases

• Avoidance of inconsistent verdicts

BNSS Section 205 – Power to Order Cases to Be Tried in Different Sessions Divisions

The State Government or High Court may direct that a case be tried in a different sessions division if necessary for:

• Justice

• Security

• Administrative efficiency

This is especially helpful in cases involving:

• Political sensitivity

• Risk to the accused or witnesses

• Bias or conflict of interest in the local area

BNSS Section 206 – High Court to Decide Jurisdiction in Case of Doubt

If there is confusion or dispute about which district has jurisdiction, the High Court has the authority to decide the proper venue for the inquiry or trial.

This provision resolves jurisdictional disputes that might otherwise delay justice.

BNSS Section 207 – Power to Issue Summons or Warrant for Offence Beyond Local Jurisdiction

Even if an offence occurred outside the local jurisdiction of a Magistrate, they can still issue a summons or warrant provided the offence is triable within India.

This ensures that procedural limitations do not obstruct justice and empowers courts to act across boundaries when necessary.

BNSS Section 208 – Offence Committed Outside India

This section applies to offences committed outside India by:

• Indian citizens

• Individuals on Indian-registered ships or aircraft

Such offences are treated as if committed within India, typically tried at:

• New Delhi, or

• Any other location specified by the Central Government

It is crucial for:

• Enforcing international treaties

• Handling overseas crimes by Indians

• Offences on Indian ships and flights

BNSS Section 209 – Receipt of Evidence Relating to Offences Committed Outside India

This section allows Indian courts to receive and use evidence from:

• Foreign jurisdictions

• Depositions and documents

• Judgments from foreign courts

Admissibility must comply with the BNSS or Indian Evidence Act, ensuring procedural fairness.

This supports the prosecution of extra-territorial offences effectively.

Conclusion

Chapter 14 of the BNSS, 2023 plays a foundational role in determining territorial jurisdiction for criminal trials in India. It covers:

• Ordinary and special rules for trial locations

• Cyber and transit offences

• Multi-jurisdictional and foreign offences

• Interconnected crimes and joint trials

By offering a flexible yet structured legal framework, BNSS ensures that justice remains accessible, timely, and location-appropriate, even in today’s complex, borderless world of criminal activity.