Territorial jurisdiction and joint trial limits under criminal procedure: enabling joinder provisions do not enlarge a court's reach.

Sections 235(1) and 239(d) of the Code of Criminal Procedure were held not to create an exception to Section 177 or to enlarge territorial jurisdiction for offences committed outside the court's local limits. The provisions were treated as enabling rules for joinder only, effective where jurisdiction already exists under law; they cannot be used to try out-of-jurisdiction overt acts merely because they were committed in pursuance of a conspiracy before the same court. A pardon granted in respect of an offence outside the court's jurisdiction was held invalid, while a pardon relating to the conspiracy charge within jurisdiction was valid.

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Issues: (i) Whether Sections 235(1) and 239(d) of the Code of Criminal Procedure create an exception to Section 177 so as to permit a court trying a conspiracy charge to try, in the same proceeding, specific offences committed in pursuance of the conspiracy outside its territorial jurisdiction; (ii) Whether the tender of pardon to co-accused persons was valid where the court lacked jurisdiction over the specific offence in one case but had jurisdiction over the conspiracy charge in the other.

Issue (i): Whether Sections 235(1) and 239(d) of the Code of Criminal Procedure create an exception to Section 177 so as to permit a court trying a conspiracy charge to try, in the same proceeding, specific offences committed in pursuance of the conspiracy outside its territorial jurisdiction.

Analysis: The general rule is that every offence must be tried by a court within whose local jurisdiction it was committed. The special jurisdictional provisions in Chapter XV, and the enabling provisions for joinder of charges and accused in Sections 235(1) and 239(d), do not in express terms confer territorial jurisdiction over offences otherwise outside the court's reach. The provisions are enabling in character and cannot be read as overriding the rule in Section 177 by necessary implication. Joint trial is permissible only where the court already has jurisdiction under other provisions of law. The earlier Calcutta view on the point was affirmed, and the contrary construction was rejected as legislation by interpretation.

Conclusion: No. Sections 235(1) and 239(d) do not confer jurisdiction to try out-of-jurisdiction overt acts merely because they were committed in pursuance of a conspiracy tried by the same court.

Issue (ii): Whether the tender of pardon to co-accused persons was valid where the court lacked jurisdiction over the specific offence in one case but had jurisdiction over the conspiracy charge in the other.

Analysis: Where the court had no jurisdiction to try the specific offence, a pardon tendered in respect of that offence was ineffective. In contrast, where an accused was charged only with conspiracy, and the court had jurisdiction to try that offence, the pardon tendered in relation to the conspiracy charge was within jurisdiction and valid.

Conclusion: The pardon tendered to the accused facing the out-of-jurisdiction specific offence was invalid, while the pardon tendered to the accused charged only with conspiracy was valid.

Final Conclusion: The reference was answered against the broader jurisdictional claim, the proceedings relating to the specific out-of-jurisdiction charge were quashed, one pardon order was set aside, and the other pardon order was upheld.

Ratio Decidendi: Provisions enabling joint trial do not enlarge territorial jurisdiction unless the statute expressly so provides; a court may try together only those offences over which it already has jurisdiction under the law.

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