Legal provisions regarding place of trial of an offence of being a thug under section 181 of the Code of Criminal Procedure, 1973.
As per Section 181(1) of the Code of Criminal Procedure, any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or 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 is found.
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Offence of kidnapping and abduction:
According to Section 181(2) of the Code of Criminal Procedure, any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
Offence of theft, extortion or robbery:
Section 181(3) of the Code of Criminal Procedure provides that any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.
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According to Section 181(5) of the Code of Criminal Procedure, any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
Place of trial in case of offence of criminal misappropriation or of criminal breach of trust:
As per Section 181(4) of the Code of Criminal Procedure, any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local 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.
The offence of criminal breach of trust can be tried in a Court within whose jurisdiction: (i) offence was committed, or (ii) any part of the property which is subject of the offence was received or retained, or (iii) property was required to be returned or accounted for by the accused person. The three requirements are disjunctive, the Court at any of those three places would have jurisdiction to try such an offence.
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The offence of breach of trust consists always in an act and not in an omission. So such offences cannot be tried at a place where neither the factum of entrustment nor the positive act of conversion had taken place.
The Court would have no jurisdiction to try such cases where the complaint or the evidence of complainant do not disclose when and where and how such an offence was committed.
Section 181(4) of the Code overrides and is not qualified by Section 179 of the Code.