Legal provisions regarding offence triable where act is done or consequence ensues under section 179 of the Code of Criminal Procedure, 1973.
According to Section 179 of the Code of Criminal Procedure, when an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction any such thing has been done or any such consequence has ensued.
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ADVERTISEMENTS:
Section 179 of the Code applies to those offences which consist of an act and its consequences. The consequence means only such consequence as is a necessary ingredient of the alleged offence. For example, the offence of cheating may be tried either at the place where the cheating was committed (where the accused resided) or at the place where the loss ensued to the complainant, i.e., where the complainant resides or his firm is situated.
Similarly, if a person is wounded within the local jurisdiction of a particular Court and dies within the local jurisdiction of another Court, then the offence of culpable committed against that person may be inquired into and tried by either of any court.
Consequences may be primary or secondary. Section 179 of the Code is concerned with the primary consequences and not any secondary consequences of the offence; the primary consequence should be taken into consideration in determining the jurisdiction.
If the offender is a citizen of a foreign State and offence is committed outside India, the Courts in India have no jurisdiction to inquire into or try the offence.