The following form exceptions to the general rule that every offence shall ordinarily be inquired into the trial by a court within the local limits of whose jurisdiction the offence was committed.
(i) Power to order cases to be tried in different session’s division:
The State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Code or any other law for the time being in force. (Section 180)
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(ii) Offence triable where act is done or consequence ensues:
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When an act is an offence by reason of anything which has been done and of any consequence which has ensued, the offence may be inquired into or tried by a court within the local limits of whose jurisdiction any such thing has been clone or any such consequence has ensued. (Section 179).
The section applies to those offences which consist of an act and its consequence following from such act. It contemplates cases where the act done and the consequence ensuing there from together constitute the offence.
Illustrations, (a) A is wounded within the local limits of the jurisdiction of court X and dies within the local limits of the jurisdiction of court Z. The offence of culpable homicide of A, may be inquired into or tried by X or Z.
(b) Z is put in fear of injury within the local limits of the jurisdiction of court X and is thereby induced, within the local limits of the jurisdiction of court Y, to deliver property to the person who put him in fear. The offence of extortion committed on A may be inquired into or tried either by A’or y.
(iii) Place of trial where act is offence by reason of relation to other offence:
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When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first mentioned offence may be inquired into or tried by a court within whose local jurisdiction either act was done. (Section ISO)
Illustrations, (a) A charge of abetment may be inquired into or tried either by the court within the local limits of whose jurisdiction the abetment was committed or by the court within the local limits of whose jurisdiction the offence abetted was committed.
(b) A charge of receiving or retaining stolen goods may be inquired into or tried either by the court within the local limits of whose jurisdiction the goods were stolen, or by any court within the local limits of whose jurisdiction any of them were at any time dishonestly received or detained.
(iv) Place of trial in case of certain offences. — Offence of being a thug:
The offence of being a thug, and committing murder, of dacoity or of dacoity with murder, or belonging to a gang of dacoits of escaping from custody may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the accused person charged is found. [Section 181(1) 1
(v) Criminal misappropriation and criminal breach of trust:
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The offence of criminal misappropriation or criminal breach of trust may be inquired into or tried by a court within the local limits of whose jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person. [Section 181 (4)]
(vi) Theft, extortion or robbery:
The offence of theft, extortion or robbery, or any offence which includes theft or the possession of stolen property, extortion or robbery may be inquired into or tried by a court within the local limits of whose jurisdiction such offence was committed or the property stolen was possessed by the thief or by any person who received or retained the same knowing or having reason to believe it to be stolen. [Section 181 (3) and (5)]
(vii) Kidnapping and abduction:
The offence of kidnapping or abduction of a person may be inquired into or tried by a court within the local limits of whose jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. [Section 181 (2)]
It is a mistake to suppose that abduction is always a, continuing offence. It is clear from Section 181(3), Cr.P.C. that the legislature has put kidnapping abduction on the same footing. Where a person abducts a woman and keeps on removing her from one place to another, it is a continuing offence and he may be properly charged in any of the places where the woman is kept or detained against her will. But where some persons join the original abduction later on, the latter cannot be joined in the same trial, unless it can be alleged that the offences committed by all were committed in the course of the same transaction.
(viii) Where scene of offence is uncertain or offence is continuing or consists of several acts:
When it is uncertain in which of several local areas an offence was committed; or where an offence is committed partly in one local area and partly in another; or where an offence is a continuing one and continues to be committed in more local areas than one; or where it consists of several acts done in different local areas; It may be inquired into or tried by a court having jurisdiction over any of such local areas. (Section 178).
(ix) Offence committed on a journey:
An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a court through or into whose local jurisdiction the offender, or the person against whom or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage. (Section 183).
(x) Offences committed by letters, etc:
Any offence which includes cheating may, if the deception is practised by means of letters or telecommunication messages, be inquired into or tried by any court within whose local jurisdiction such letters or messages were sent or were received and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a court within whose local jurisdiction the property was delivery by the person deceived or was received by the accused person. [Section 182(1)]
(xi) Offences relating to marriage:
Any offence punishable under Section 494 (marrying during lifetime of husband or wife) or Section 495 (concealment of former marriage from person with whom subsequent marriage is contracted) of the Indian Penal Code may be inquired into or tried by a court within whose local jurisdiction the offence is committed or the offender last-resided with his or her spouse by the first marriage or the wife by the first marriage has taken up permanent residence after the commission of the offence. [Section 182(2)]
(xii) Offences committed outside India:
When an offence is committed outside India by: (a) any citizen of India whether on high seas or elsewhere; or (b) by a person, not being such citizen, or (c) on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it has been committed at any place within India at which he may be found. But no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. (Section 188)