Master Study Guide: BNSS Sections 197-203

GURUKUL NEXUS Judicial Academy Master Notes Series

Gurukul Nexus

CLASSROOM MASTER NOTES // CRIM-PROC

CHAPTER XIV: JURISDICTION OF COURTS

BNSS (2023) Sections 197-203 (CrPC Old Sec. 177-183)

TOPPER NOTEBOOK

CADET ID: GNJA-JUD-2026

The Jurisprudential Concept: "Lex Loci Delicti" (The Law of the Place)

Before any Criminal Court can punish an accused, it must possess Territorial Jurisdiction. Chapter XIV establishes the statutory boundaries for Inquiries & Trials. The overarching anchor is Lex Loci Delicti—crimes are fundamentally local, and crimes must be tried by the Court within whose physical geographical limits the offence took place.

Why? Because witness availability is highest, evidence collection is smoothest, and local peace is restored at the site of impact. But real-world crime is dynamic! Hence, we have a Flexibility Matrix.

🛠️ Visual Framework of CHAPTER XIV (BNSS)

SEC 197 (CrPC 177) The Golden Rule

Ordinarily where committed

➔

SECTIONS 198-203 The 6 Expansive Exceptions

Multi-jurisdiction matrix

Rule: Ensure zero escape avenues via district-hopping.

SEC 197

Ordinary Place of Inquiry and Trial

Corresponds to Old CrPC Section 177

⚖️ Statutory Mandate:

"Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed."

Crucial Keyword Analyzed: The Supreme Court has repeatedly emphasized that the word "ordinarily" is a vital safety valve. It indicates that Section 197 is not a rigid wall. It operates unless other sections of BNSS or local legislation declare otherwise.

💡 Topper's Classroom Illustration:

Imagine a theft occurring entirely inside a store located in South Delhi. It must ordinarily be investigated and tried by the Magistrate possessing jurisdiction over South Delhi. It cannot randomly be tried in Jaipur unless exceptional factors under Sec 198-203 occur.

Gurukul Nexus Judicial Academy Notes Page 1

Gurukul Nexus

BNSS CHAPTER XIV // SECTIONS 198 & 199 GNJA-STUDY-GUIDE

SEC 198

Uncertain or Continuous Cases

Corresponds to Old CrPC Section 178

Real-world crimes are often fluid—stretching across borders, evolving over time. Section 198 deals with "Boundary Crimes" and "Extended Crimes."

The Four Scenarios of Expanded Jurisdiction:

Clause a Uncertainty of Area:

When it is completely uncertain in which of several local areas an offence was committed.

Clause b Partly Here, Partly There:

Where an offence is committed partly in one local area and partly in another.

Clause c Continuing Offence:

Where an offence is continuing in nature, committed in multiple local areas (e.g., Wrongful confinement, kidnapping).

Clause d Several Acts Done in Different Areas:

Where the offence consists of multiple acts done across different local jurisdictions.

⚖️ THE GOLDEN MATHEMATICAL FORMULA OF SEC 198:

Jurisdiction Area [A] + Jurisdiction Area [B] + [Uncertainty OR Continuity] = Trial is valid in Area A OR Area B (Prosecution's Prerogative)

SEC 199

Act Done or Consequence Ensues

Corresponds to Old CrPC Section 179

This is the famous "Cause & Effect" rule. When a physical criminal act occurs in one spot, but the actual illegal consequence registers in another.

Statutory Breakdown:

If an act is an offence by reason of (1) anything which has been done, and (2) any consequence which has ensued ➔ the trial can be held in the Court within whose local jurisdiction the act was done OR the consequence ensued.

💡 Classroom Classic Case Study (Homicide/Pollution):

A factory in District X intentionally dumps highly toxic chemical effluents into a upstream river. The polluted water flows downstream into District Y, where local villagers consume it, suffer poisoning, and die.

👉 Under Sec 199, trial can take place in District X (where the act was done) OR District Y (where consequence/death ensued).

Gurukul Nexus Judicial Academy Notes Page 2

Gurukul Nexus

BNSS CHAPTER XIV // SECTIONS 200 & 201 GNJA-STUDY-GUIDE

SEC 200

Offence Related to Other Offence

Corresponds to Old CrPC Section 180

This section targets "Secondary Offenders" like abettors, criminal conspirators, and receivers of stolen goods. It allows law enforcement to drag masterminds to justice where the core crime occurred.

The "Relation" Doctrine:

Where an act is an offence by reason of its relation to any other act which is also an offence ➔ the offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.

💡 Real-Life Criminal Mastermind Example:

A mafia leader sitting in Mumbai issues orders and ships illegal weapons to a hitman in Delhi to execute an assassination. The hitman completes the task in Delhi.

Result: The abetment/conspiracy took place in Mumbai. The murder occurred in Delhi. Under Sec 200, the mafia boss can be prosecuted and tried in Mumbai OR Delhi.

SEC 201

Place of Trial: Certain Specific Offences

Corresponds to Old CrPC Section 181

This section micromanages jurisdictions for highly mobile, complex crimes where standard venue selectors fail. Let's analyze the statutory classification:

Offence Category (BNSS 201)	Trial Jurisdictions (Where trial can lie)
1. Thugs, Dacoits, Escaping Custody	Where the offence was committed OR where the accused person is "found" (arrested).
2. Kidnapping & Abduction	Where the person was taken OR where they were conveyed, concealed, or detained.
3. Theft, Extortion, Robbery	Where the crime occurred OR where stolen property is received, possessed, or retained.
4. Misappropriation & Breach of Trust	Where the offence was committed OR where any part of property was received/retained OR required to be returned/accounted for.

📌 TOPPER'S VITAL INSIGHT ON THE WORD "FOUND":

Normally, you cannot try a suspect in any random district where police catch them. But for dacoits, thugs, or escaped prisoners, the legislature provides a major exception: Wherever they are "found", they can be tried. This prevents escapees from stalling proceedings over technical territorial issues.

Gurukul Nexus Judicial Academy Notes Page 3

Gurukul Nexus

BNSS CHAPTER XIV // SECTIONS 202 & 203 GNJA-STUDY-GUIDE

SEC 202

Offences Committed by Letters, etc.

Corresponds to Old CrPC Section 182

This section has been deeply modernized to tackle the digital and telecom era. It establishes critical safety nets for telecommunication cheating & matrimonial desertions.

📱 Sub-section 1: Telecommunication Cheating & Delivery

If deception is practiced using letters or telecommunication messages (emails, WhatsApp, SMS, spoof calls):

Can be tried where such letters or messages were sent, OR
Where they were received.
For dishonestly induced delivery of property: Where the property was delivered OR where the property was received by the accused.

👰 Sub-section 2: Matrimonial Bigamy Protection (BNS Sec 82)

Any offence under Section 82 of the Bharatiya Nyaya Sanhita, 2023 (corresponds to old IPC Section 494/495 for Bigamy) may be tried by a Court where:

The offence was committed (the venue of the illegal 2nd marriage).
The offender last resided with his/her spouse of the first marriage.
The first wife has taken up permanent residence after the commission of the offence. (Crucial protection mechanism to prevent harassing an abandoned wife by forcing her to travel to the husband's district).

SEC 203

Offence Committed on Journey or Voyage

Corresponds to Old CrPC Section 183

How do we establish jurisdiction when a crime occurs in a fast-moving train, flight, or ship, and the exact district of occurrence is impossible to track? Section 203 resolves this practical nightmare.

💡 The High-Speed Train Robbery Example:

A passenger boards the Rajdhani Express from New Delhi heading to Chennai. He locks his valuable laptop bag and falls asleep. The train passes through Agra, Bhopal, Nagpur, and Vijayawada. Upon waking in Chennai, he finds his bag stolen.

👉 Under Sec 203, any Court whose jurisdiction the train passed through during that journey has legal jurisdiction. The trial can be initiated in Delhi, Agra, Bhopal, Nagpur, Vijayawada, or Chennai!

⚠️ IMPORTANT EXAM TRICK: DOES IT APPLY TO THE CARGO?

Yes! The statutory text says "by or against whom, or the thing in respect of which, the offence is committed". If gold cargo inside a transport truck is stolen while on route, any jurisdiction the truck drove through can hear the case.

Gurukul Nexus Judicial Academy Notes Page 4

Gurukul Nexus

BNSS COMPARATIVE ANALYSIS & REVISION METRICS GNJA-STUDY-GUIDE

Comparative Paradigm: BNSS 2023 vs. CrPC 1973

Core Legal Concept	Old CrPC (1973)	New BNSS (2023)	Critical Paradigm Shifts
Ordinary Place of Trial	Section 177	Section 197	The foundational "ordinarily" rule is preserved intact.
Uncertain/Continuing Areas	Section 178	Section 198	Perfect alignment with old sub-clauses preserved.
Act Done / Consequence	Section 179	Section 199	Preserves "Cause & Effect" territorial flexibility.
Abetment & Conspiracies	Section 180	Section 200	Links related acts to expand prosecuting venues.
Letters & Telecom Cheating	Section 182	Section 202	Deep integration of modern digital communication formats.

Key Modernization: Cyber Jurisdictional Grip (Sec 202)

The Old CrPC Weakness: Under old Section 182, cheating by post was explicitly defined, but when digital cyber frauds took off (e.g. Jamtara phishing scams), defense lawyers exploited the geographical definitions, forcing victims to travel across state lines to testify.

The New BNSS Strength: Section 202 cements "telecommunication messages" as a foundational statutory conduit. This ensures that the location where a victim receives a deceptive WhatsApp/Email scam has instant, undeniable statutory jurisdiction, saving the victim from endless jurisdictional disputes.

🧠 Topper's Exclusive Memory Mnemonic: "O-P-C-R-S-L-J"

Memorize the exact jurisdictional sequence of Chapter XIV (Sec 197-203) using this simple sentence:

"Ordinary Places Cause Related Specific Letter Journeys"

Ordinary Place (Sec 197)
Partly / Uncertain (Sec 198)
Consequence Ensues (Sec 199)
Related Offences (Sec 200)
Specific Crimes (Sec 201)
Letters / Telecom (Sec 202)
Journey / Voyage (Sec 203)

Gurukul Nexus Judicial Academy Notes Page 5

Gurukul Nexus

CHAPTER XIV // TOPPER REVISION & SELF-TEST GNJA-STUDY-GUIDE

⚠️ Common Examiner Traps & Mistakes to Avoid:

Assuming Sec 197 is Absolute: Do not write that an offence can *only* be tried where it is committed. The word "ordinarily" is placed explicitly to accommodate Sections 198 to 203 as statutory exceptions.
Misapplying the "Found" Rule (Sec 201): This rule applies only to specific mobile/heinous offenses like dacoity, dacoity with murder, or escaping custody. You cannot use the "found" rule to trial standard theft or assault cases.
Mismatched BNS Sections: Ensure you cite BNS Section 82 for bigamy instead of the old IPC Section 494/495 during upcoming exams.

📝 Topper's Self-Test Evaluation

Q1. Under Section 197 of the BNSS, the word "ordinarily" implies:

A) The rule is flexible and exceptions apply.

B) The rule is absolutely rigid and unbreakable.

C) Trial depends on the whims of the Police.

D) The Magistrate can transfer it without legal sanction.

Q2. A dacoit commits dacoity in Rajasthan and is caught hiding in a remote village in Kerala. Under Sec 201, where can he be tried?

A) Only in Rajasthan.

B) Only in Kerala where he was found.

C) Either in Rajasthan or Kerala.

D) Only by the Supreme Court.

Q3. Under Section 202(2), a bigamous husband can be prosecuted where the first wife permanent resides:

A) Only if the husband consents.

B) Provided she moved there after the commission of the offence.

C) Only if they had children together.

D) Nowhere; she must go to the husband's town.

📋 Mains Subjective Practice Questions:

Q4. Explain how Section 202 of the BNSS addresses jurisdictional complexities involving cyber crimes compared to the legacy CrPC provision. (5 Marks)

Q5. Formulate a brief note on the "Rule of Consequence" under Section 199 using the upstream-downstream pollution scenario as a legal baseline. (5 Marks)

▼ Turn page/look below for Quick Answer Key ▼

ANSWERS: Q1: (A) | Q2: (C) - Under 201(1) trial lies where committed or where the suspect is "found". | Q3: (B) - Clause 202(2) explicitly protects the first wife's subsequent permanent residence choice. | Q4: Section 202 includes "telecommunication messages" giving jurisdiction to the recipient's location (victim's residence). | Q5: Section 199 allows trial where act is done OR where consequence ensues.

Gurukul Nexus Judicial Academy Notes Page 6

Master Study Guide: BNSS Sec. 203-209

Gurukul Nexus Judicial Academy Class: Master Topper Series (Criminal Adjudication)

MASTER STUDY GUIDE: SEC 203 TO 209 OF BNSS, 2023

(The Complete Legal Blueprints of Overlapping, Ambiguous, and Extra-Territorial Jurisdictions)

Replaces: CrPC Sec. 183–189 • Target: Judicial Services Examinations (Rank-1 Objective)

🎯 PART 1: THE JURISPRUDENTIAL FRAMEWORK OF CHAPTER XIV (PART II)

While the foundational elements of criminal territoriality determine simple jurisdictional boundaries inside local districts, Sections 203 to 209 of the BNSS, 2023 construct the ultimate "Long Arm of the State". They establish how sovereignty acts when borders become blurry, crimes move across states on continuous journeys, or Indian citizens strike from international territories.

⚖️ Core Legal Dilemmas Solved by this Cluster:

1. The Mobile Crime Paradox: Crimes occurring on high-speed trains, aircraft, or ships where exact geographical coordinates at the point of impact remain untraceable.
2. The Fragmented Transaction: Conspiracy formed in District A, execution occurred across Districts B and C, and proceeds of crime stashed in District D.
3. The Sovereign Border Breach: Offenses committed abroad by Indian citizens or on vessels registered under the Indian flag in international waters.

These statutory codifications resolve procedural deadlocks between administrative blocks, grant tie-breaker authority to the High Court, and construct direct conduits for importing international evidence through diplomatic/consular structures.

💡

Topper's Concept Map

Do not study these sections in isolation! They form a sequential arc: first, identifying the moving target (Sec. 203-204), then distributing local administrative trial venue powers (Sec. 205-207), and finally, extending the arm globally (Sec. 208-209).

Gurukul Nexus Judicial Academy — Exclusive Study Course Sheet No: 1 / 10

Gurukul Nexus Judicial Academy Class: Master Topper Series (Criminal Adjudication)

🚗 PART 2: DEEP DIVE — BNSS SECTION 203

(Offence Committed on Journey or Voyage • Corresponds to CrPC Sec. 183)

🔍 THE BARE ACT MECHANICS:

"When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage."

⚙️ Strategic Decoupling of Elements:

The Target of Offense: Can be either a Person (e.g., kidnapping, physical assault) or a Thing (e.g., theft of luggage, contraband movement).
Continuous Journey Constraint: The journey must be continuous. Temporary technical halts (train stopping for signals, aircraft refueling) do not break the continuous journey paradigm.
Jurisdictional Pathway Option: Trial is competent in any court through whose territory the victim, the accused, or the stolen property physically crossed.

💡 CASE STUDY / EXAMPLE:

A passenger boards the Rajdhani Express from New Delhi, transit route passes through Agra, Gwalior, Jhansi, Bhopal, and Nagpur before arriving in Secunderabad. While sleeping between Jhansi and Bhopal, her gold chain is snatched. She discovers it in Secunderabad.

⚖️ Ruling: Police stations or judicial magistrates in Delhi, Agra, Gwalior, Jhansi, Bhopal, Nagpur, or Secunderabad have full legal jurisdiction to register the FIR and try the offender under Section 203 BNSS.

⚠️ EXAM TRAP / COMMON MISTAKE:

Do not confuse this with standard residency jurisdiction. In journeys, the accused cannot argue that because he resides in Jaipur and was caught in Bhopal, Agra courts have no jurisdiction. Any station/district in the journey's sequence is a valid forum.

Gurukul Nexus Judicial Academy — Exclusive Study Course Sheet No: 2 / 10

Gurukul Nexus Judicial Academy Class: Master Topper Series (Criminal Adjudication)

🔗 PART 3: BNSS SECTION 204

(Place of Trial for Offences Triable Together • Corresponds to CrPC Sec. 184)

Section 204 operates as the Efficiency Protocol. It prevents multiple, overlapping, exhausting prosecutions when a single individual (or a gang) commits a cluster of structurally linked offenses across multiple local jurisdictions.

⚖️ MATH-LEGAL FORMULA FOR JOINDER TRIALS:

Crime X (District A) + Crime Y (District B) + Crime Z (District C)
[Linked in Same Transaction] = Unified Trial in A, B, OR C

Sub-section (a): Individual Accused If an individual commits multiple offenses that can be clubbed together under joinder of charges rules (BNSS Sec. 242-246), any court competent to try *any* of the individual crimes has full jurisdiction.

Sub-section (b): Co-conspirators If several people commit linked crimes enabling a joint trial, any court competent to try the principal offender can try all other associates or abettors.

⚖️ PART 4: BNSS SECTION 205

(Power to Order Trial in Different Sessions Divisions • Corresponds to CrPC Sec. 185)

The State Government holds administrative powers to mandate that cases committed to trial in any district may be tried in another specific Sessions Division.

🚨 THE SUPREME CONSTITUTIONAL SAFEGUARD:

This State power is strictly subordinate to the Judiciary. The State Government's executive order *cannot* contradict any direction issued prior by the High Court or the Supreme Court of India.

Gurukul Nexus Judicial Academy — Exclusive Study Course Sheet No: 3 / 10

Gurukul Nexus Judicial Academy Class: Master Topper Series (Criminal Adjudication)

⚖️ PART 5: BNSS SECTION 206

(High Court Referee in Case of Doubt • Corresponds to CrPC Sec. 186)

What happens when the police machinery and magistracy of two different geographic zones lock horns? When both take cognizance of the same offence, who operates as the ultimate arbiter? Section 206 resolves this jurisdictional gridlock.

SCENARIO A: Within Same State Bound

If multiple competing courts are subordinate to the same High Court (e.g., Magistrate Court in Pune and Magistrate Court in Nagpur):

➜ Resolution: That specific High Court (Bombay High Court) will resolve the doubt.

SCENARIO B: Across Different States

If competing courts answer to different High Courts (e.g., Magistrate Court in Delhi and Magistrate Court in Mumbai):

➜ Resolution: The High Court of the state where criminal proceedings FIRST COMMENCED shall decide.

⏱️ TOYING WITH THE "FIRST IN TIME" DOCTRINE:

In multi-state jurisdictional clashes, the exact date and hour of taking cognizance or starting the proceedings dictates the competent High Court referee. Once the designated High Court settles the issue, all other proceedings in the parallel court are deemed non-est and stand discontinued.

Gurukul Nexus Judicial Academy — Exclusive Study Course Sheet No: 4 / 10

Gurukul Nexus Judicial Academy Class: Master Topper Series (Criminal Adjudication)

🚨 PART 6: BNSS SECTION 207

(Holding Power & Summons/Warrant Beyond Local Limits • Corresponds to CrPC Sec. 187)

Section 207 acts as the "Catch-and-Hold" procedural tool. It ensures that criminal fugitives cannot exploit geographical boundary lines as safe havens while active trial courts seek their custody.

📋 Procedural Chain of Transferred Jurisdiction:

Magistrate's Discovery:

A Judicial Magistrate (1st Class) sees reason to believe a person residing within his geographic boundary has committed an offense outside that limit (domestically or internationally).

Compulsion Action:

The local Magistrate can issue a summons or warrant to arrest and compel that person to appear before his bench, acting as if the crime happened under his own nose.

The Transfer Custody (Transit):

The Magistrate then legally transfers the suspect to the actual competent Court of trial in the other state via transit warrant/escort.

Transit Bail Option:

If the offense is bailable, the holding Magistrate may accept a bond with sureties ensuring the accused appears before the trial Court on a specified date.

💡 LIVE SCENARIO:

An accused commits a corporate fraud in Delhi and flees to a remote beach house in Goa. The Goa Police/Magistrate gets intel of his presence. Under Sec 207 BNSS, the Goa 1st Class Magistrate arrests him, registers the holding action, and transfers him to the Delhi Trial Court.

Gurukul Nexus Judicial Academy — Exclusive Study Course Sheet No: 5 / 10

Gurukul Nexus Judicial Academy Class: Master Topper Series (Criminal Adjudication)

🌎 PART 7: BNSS SECTION 208 (PART I)

(Offence Committed Outside India • Corresponds to CrPC Sec. 188)

Section 208 represents the absolute zenith of extra-territorial reach under Indian criminal jurisprudence, defining how crimes committed outside domestic boundaries are structured for prosecution.

PILLAR 1: Citizenship-Based Link

Triggered when an offence is committed outside India by any Citizen of India, whether on the high seas or elsewhere globally.

Example: Indian citizen commits fraud while living in Paris.

PILLAR 2: Vessel/Aircraft Registration

Triggered when an offence is committed on any ship or aircraft registered in India, irrespective of the offender's citizenship or statehood.

Example: A German citizen assaults a passenger on an Air India flight flying over the Atlantic.

🗺️ The "Found" Doctrine Demystified:

The offender may be handled as if the offence had been committed at any place inside India where the suspect is "found".

⭐ SUPREME COURT INTERPRETATION FOR TOUGH QUESTIONS:

"Found" does not mean residency. It refers to physical presence or discovery. If an accused steps off an international transit flight at Chennai Airport and is arrested there, Chennai Courts have immediate trial jurisdiction, regardless of whether his permanent home is in Delhi.

Gurukul Nexus Judicial Academy — Exclusive Study Course Sheet No: 6 / 10

Gurukul Nexus Judicial Academy Class: Master Topper Series (Criminal Adjudication)

🌎 PART 7: BNSS SECTION 208 (PART II)

(The Sovereign Safeguard of Central Government Sanction)

Because launching criminal prosecutions for acts committed in foreign sovereign territories touches on international treaties and delicate diplomacy, the legislature added an absolute barrier.

⚠️ THE STATUTORY MANDATORY PROVISO:

"Provided that no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government."

⏱️ At what stage is the Central Sanction required?

No Sanction Needed Stage

Sanction Absolutely Mandatory Stage

✔ Filing of a Complaint / Registering FIR

✔ Police investigations or search raids

✔ Arresting and securing physical custody of the accused

⚡ Taking formal Cognizance of the offense by the Magistrate

⚡ Commencing formal trial inquiry

⚡ Recording of witness evidence during trial

✔ Topper Tip: If a question asks if a police inspector can arrest an international fraudster without Central Government Sanction — the answer is YES. The sanction is only a prerequisite for the Magistrate to kickstart the trial process.

Gurukul Nexus Judicial Academy — Exclusive Study Course Sheet No: 7 / 10

Gurukul Nexus Judicial Academy Class: Master Topper Series (Criminal Adjudication)

📜 PART 8: BNSS SECTION 209

(Diplomatic Evidence Imports • Corresponds to CrPC Sec. 189)

How does an Indian judge safely receive physical or testimonial evidence from a crime scene located in a foreign country? Sec 209 designs the Evidentiary Bypass Route.

📂 THE CONSULAR PIPELINE:

When trying cases under Sec 208, the Central Government can direct that copies of depositions or exhibits produced before a judicial officer or an Indian consular officer in that foreign territory be admitted directly as valid evidence by the trial court in India. This bypasses the normal, strict hearsay rules of the Bharatiya Sakshya Adhiniyam (BSA), 2023.

📱 THE DIGITAL REVOLUTION: INTEGRATION WITH BNSS SECTION 530

While the core text of Sections 208 and 209 remains structurally similar to the old CrPC, their real-world speed and delivery methods are transformed by the overarching mandate of BNSS Sec. 530.

The CrPC Era Method:

Slow paper trails. Consular officers printed documents, shipped them in diplomatic bags, and physically mailed depositions, leading to multi-year trial delays.

The Modern BNSS Era Method:

Under Sec 530, all inquiries, trials, and examinations of witnesses can run seamlessly in electronic mode. Foreign witnesses can be examined live via secure video links from embassies.

Gurukul Nexus Judicial Academy — Exclusive Study Course Sheet No: 8 / 10

Gurukul Nexus Judicial Academy Class: Master Topper Series (Criminal Adjudication)

📊 PART 9: THE HIGH COURT TIE-BREAKER PROTOCOL (SEC 206)

Decision Logic Hierarchy

[ POLICE IN DISTRICT 'A' AND DISTRICT 'B' BOTH INITIATE PARALLEL CASES ]

↓

[ ARE BOTH DISTRICTS SUBORDINATE TO THE SAME HIGH COURT? ]

YES
(e.g., Pune & Nagpur)
↓
THEIR COMMON HIGH COURT ASSIGNS THE VENUE

NO
(e.g., Delhi & Mumbai)
↓
HIGH COURT OF DISTRICT WHERE TRIAL FIRST COMMENCED REFLEXIVELY DECIDES

🔄 THE BNSS-CrPC NUMBERING SHIFT MATRIX

Jurisdictional Concept	Old CrPC (1973)	New BNSS (2023)
Offence committed during continuous journey / voyage	Section 183	Section 203
Place of trial for offenses triable together (Joinder)	Section 184	Section 204
Power to order trial in different sessions divisions	Section 185	Section 205
High Court tie-breaker in case of doubt	Section 186	Section 206
Issue summons/warrant for crime beyond local area	Section 187	Section 207
Offence committed outside India (Extra-Territoriality)	Section 188	Section 208
Receipt of evidence from foreign countries	Section 189	Section 209

Gurukul Nexus Judicial Academy — Exclusive Study Course Sheet No: 9 / 10

Gurukul Nexus Judicial Academy Class: Master Topper Series (Criminal Adjudication)

🧠 MNEMONIC TOOLBOX & EXAM QUICK REVISION

🔥 THE "J-J-S-H-M-O-E" MNEMONIC STRATEGY:

Journeys (203) ➜ Join-charges (204) ➜ Sessions-shifting (205) ➜ High-courts (206) ➜ Magistrate-hold (207) ➜ Overseas (208) ➜ Evidence (209).

📝 SELF-TEST RIGOROUS QUIZ (EXAM REPLICA)

Q1. Under Sec 208 BNSS, if an Indian citizen commits theft in Munich, which statement is true?

A) No trial in India is possible since the act was in Germany.
B) Can be tried anywhere he is found, provided previous Central Government sanction is secured.
C) Requires previous State Government sanction before trial starts.

Q2. When two different High Courts assert competing trial claims, how is jurisdiction resolved under Sec 206?

A) Supreme Court acts as sole tie-breaker.
B) High Court of the district where proceedings first commenced makes the decision.
C) The oldest High Court by date of establishment decides.

Q3 (Short Answer). What is the significance of the "Found" doctrine under Sec 208 of BNSS?

Answer: The word "Found" means physical location or discovery where the accused was apprehended, not where he resides. This allows flexible jurisdiction at ports of entry, such as international airports.

🔑 SOLUTIONS & EXPLANATIONS:

Ans Q1: B. Previous Central Government sanction is a mandatory statutory proviso under Sec 208 before the trial magistrate takes cognizance.
Ans Q2: B. "First in time, first in right" rules under Sec 206(b) make the first commenced proceeding's High Court the competent referee.

Gurukul Nexus Judicial Academy — Exclusive Study Course Sheet No: 10 / 10