INTRODUCTION

Jurisdiction may be defined as power or authority of a court to hear and determine a case, to
adjudicate and exercise any judicial power in relation to it by taking cognizance of matters
presented before the court.1 There are two kinds of jurisdiction of courts- a) inherent
jurisdiction, b) local jurisdiction. By want of inherent jurisdiction, it is meant that the court is not
empowered to try the case. The local jurisdiction means the limit of the area in which the court
can exercise its power.2 The lex fori or law of jurisdiction controls all matters pertaining to
remedial as distinguished from substantive rights. If question of jurisdiction is raised, the trial
can be commenced after deciding that question.3
Territorial Jurisdiction or local jurisdiction is provided just as a matter of convenience, keeping
in mind the administrative point of view with respect to the work of a particular court, the
convenience of the witnesses who have to appear before the court.4 Under the English Law, 'all
crimes are local' and are triable at the common law by the courts within whose jurisdiction they
are committed.5
Section 2 of the Indian Penal Code deals with the Intra-territorial jurisdiction and sections 3 & 4
deal with Extra-territorial jurisdiction. In Cr.P.C, the basic rule is reflected in Section 177 which
reads, “Ordinary place of inquiry and trial. Every offence shall ordinarily be inquired into and
tried by a Court within whose local jurisdiction it was committed”. 6 Section 177 ingeminates
well established common law rule alluded to in Halsbury's Laws of England (Vol. IX para 83)
that the proper and ordinary venue for trial of a crime is the area of jurisdiction in which, on the
evidence, the facts occur and which are alleged to constitute the crime.7

1. Ujjam Bai vs Uttar Pradesh, AIR 1962 SC 1621

2. The Code of Criminal Procedure, Batuk Lal, 2nd ed., p. 291
3. The Code of Criminal Procedure, Dr. N.V. Paranjape, 3rd ed., p. 212
4. Janardan Reddy v. State of Hydrabad, AIR 1951 SC 217
5. Abraham v. Inspector of police ,AIR 2004 SC 4286
6. Section177 of Criminal Procedure Code, 1973
7. Sh. Manoj Chhabra & others v.State of H.P and Another, 2016 SCC OnLine HP 2046
The word "ordinarily", however, suggests that certain exceptions are implicit and they are not
limited to these specially provided in the CRPC. Specific Exceptions have been laid down in
Sections 179 to 185 and 188.8

Intra-Territorial Jurisdiction of the Indian Criminal Courts

Section 2 of the Indian Penal Code, deals with the, intra-territorial jurisdiction, i.e. Punishment
of offences committed within India. According to the said section “every person shall be liable to
punishment under this Code and not otherwise for every act or omission contrary to the
provisions thereof, of which he shall be guilty within India”.9 The words “Every person” clearly
say that subject to the General Exceptions (Chapter-IV), every person, irrespective of his caste,
region, religion, etc., shall be punished, if he is proved guilty under the provisions of this Code

8. TAKWANI CRIMINAL PROCEDURE, 3rd ed., p. 110

9. Section 2 of Indian Penal Code, 1860