Territorial jurisdiction in criminal complaints requires the offence or continuing conduct to arise within the court's local area.
Territorial jurisdiction in criminal proceedings lies ordinarily with the court where the offence was committed. Section 178(c) of the Code of Criminal Procedure, 1973 creates an exception for continuing offences, but only where the offending conduct continues in more than one local area. On the facts pleaded, no act constituting the offence and no continuing demand was alleged at Chennai after the complainant had left the matrimonial home, so no part of the cause of action arose there. The Chennai Magistrate therefore lacked jurisdiction, the proceedings were liable to be quashed, and the complaint had to be returned for presentation before the competent court.
Issues: Whether the Magistrate at Chennai had territorial jurisdiction to entertain the complaint; whether the allegations disclosed a continuing offence so as to attract Section 178(c) of the Code of Criminal Procedure, 1973.
Analysis: Section 177 of the Code lays down the ordinary rule that every offence is to be tried by a court within whose local jurisdiction it was committed. Section 178(c) is an exception for continuing offences, but that exception applies only where the offending conduct continues in more than one local area. On the facts pleaded, the complainant had already left the matrimonial home and there were no allegations of any act constituting the offence or any continuing demand at Chennai. The complaint therefore did not disclose any part of the cause of action within Chennai, and the territorial exception could not be invoked.
Conclusion: The Magistrate at Chennai had no jurisdiction, and the proceedings were liable to be quashed.
Final Conclusion: The complaint could not be proceeded with before the Chennai court and was required to be returned for presentation before the competent court.
Ratio Decidendi: Territorial jurisdiction in criminal matters lies where the offence is committed, and an exception for continuing offences applies only when the facts alleged show continuance of the offending conduct within the local area seized of the matter.
TaxTMI 
AI Drafter ✕
TaxTMI 
