Cr.PC One Liner Study Notes

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  • Any offence of kidnapping or abduction of a person may be tried by a court in whose jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. (Sec 181(2))
  • Any offence of theft, extortion or robbery may be tried by a court within whose jurisdiction the offence was committed or where the stolen property was possessed by any person or it was received by any person or retained. (Sec 181(3)
  • Any offence of criminal misappropriation or of criminal breach of trust may be tried by a court within whose jurisdiction offence was committed or any part of the property was received or retained by the accused person. (Sec 181(4))
  • Offences committed by letters may be tried by a court where such letters were sent or received. (Sec 182(1))
  • Offences related to Bigamy may be tried by a court where the offence was committed or where the offender last resided with his or her spouse by the 1st marriage. (Sec 182(2))
  • Where the offence is committed on journey or voyage it can be tried by a court through or into whose local jurisdiction that person or thumb passed in the course of that journey or voyage. (Sec 183)
  • Section 184 of Crpc talks about the place of trial for offences which are committed by any person which may be charged with or tried together or where the offence is such that it is committed by several persons and they may be charged with or tried together as per section 223 of Crpc.
  • Section 186 of Crpc gives power to the High Court to decide in whose jurisdiction the case would fall. Here the 2 or more courts have taken cognizance of the offence.
  • In Om Hemrajani vs State of UP, it was held that when an offence has been committed by an Indian outside India then he can be tried anywhere wherever he is found and not ordinarily at his place of residence. (Section 188)
  • The cognizance of an offence can be taken by Judicial Magistrate under section 190 of Crpc.
  • Section 190 of Crpc provides for taking cognizance by the Magistrate upon receiving a complaint of facts which constitutes such offence or upon police report filed under section 173 or suo moto in case the magistrate received some information regarding commission of an offence.
  • When a case has been instituted against an accused under sec 190(1)(c) ie., suo moto upon information received by Magistrate, the accused shall be entitled to have his case tried by another magistrate. (Sec 191)
  • Non-compliance with the proceeding is sec 191 is an incurable irregularity.
  • Making over of the cases by Chief Judicial Magistrate to other competent Magistrates under him. (Sec 192)
  • Section 193 of Crpc puts a bar on Court of Session from taking cognizance of any offence unless the case has been committed to it by Magistrate.
  • Exception to Sec 193 of Crpc are sections 199(2) and sec 319, ie., in these 2 cases the Court of Session can take cognizance of the offence.
  • If a conspiracy is made against state then the cognizance will not be taken unless and until the state government or the central government or the District Magistrate gives the permission for institution of the suit. (Sec 196)

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