Legal Provisions of Section 462 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
This section relates to consequences that will follow in the event of trial by a Court which is competent to try the offence but which has no territorial jurisdiction over the place where the offence is committed.
ADVERTISEMENTS:
The trial held in a wrong place (without the territorial jurisdiction of the Magistrate) may be set aside only when it has occasioned failure of justice, or the person adversely affected has been deprived of an opportunity to defend himself.
Where the objection as to the territorial jurisdiction of the Court has been raised before the commencement of the trial, the Magistrate has to apply his mind to this fact and he cannot afford to ignore it taking shelter of Section 462. This situation generally arises when a complainant institutes his complaint in a wrong Court which has no territorial or local jurisdiction to proceed with the case.
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Thus the irregularity of wrong assumption of territorial jurisdiction is curable under this section where the proceedings have not resulted in failure of justice.