Territorial jurisdiction in criminal cases
Querist :
Anonymous
(Querist) 10 August 2011
This query is : Resolved
Dear Experts,
I have a case in which the criminal offence was committed in Nepal but the FIR is filed in Gangtok, Sikkim, India. Taking cognizance of the FIR the accused has been arrested and is in Judicial custody in Gangtok. The charge sheet has also been filed in the Sessions Court at Gangtok.
Can you'll please give me some Supreme Court citations on territorial jurisdiction of the sessions court in criminal matters?
Can the police station at Gangtok register the FIR?
Is the detention of the accused illegal?
Can I file for quashing of FIR in Gangtok High Court? (some citations would help greatly)
Thanking you in anticipation.
Shubhankar Dutta
(Expert) 10 August 2011
in which the police has been filed charge sheet?
For further details you may contact with me ...
Shubhankar Dutta (Advocate)
Phone No. 91-9126479514, 09332966239
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West Bengal
THANKACHAN V P
(Expert) 10 August 2011
188.Offence committed outside India.- When an offence is committed outside India -
(a) by a citizen of India, whether on the high seas or elsewhere; or
(b) by a person, not being such citizen, on any ship or aircraft registered in India,
he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found:
Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.
2008 (2) KLT 907 (SC)
Hon'ble Mr. Justice S.B. Sinha & Hon'ble Mr. Justice Lokeshwar Singh Panta
Fatma Bibi v. State of Gujarat
Crl. A. No.873 of 2008
Decided on 13th May, 2008
Penal Code 1860, S. 4 - Criminal P.C. 1973, S.188 - If at the time of commission of offence, person committing it is a citizen of India, then even if offence is committed outside India, he is subject to jurisdiction of Courts in India - However if accused person is not a citizen of India, then S.4 I.P.C. & 188 Cr. P.C. does not apply.
Summary: Entire cause of action for complaint under Ss.498A & 506(2) arose in Kuwait. Accused was a citizen of Mauritius who was visiting India on Visas issued by India. Hence she was not a citizen of India. Complaint filed in India against her. Supreme Court held that if at the time of commission of offence, person committing it, is a citizen of India, then even if the offence is committed outside India, he is subject to jurisdiction of Courts in India. If, however, at the time of commission of offence, accused person is not a citizen of India, the provisions of S.4 I.P.C. & S.188 Crl.P.C. does not apply.
Sorry I could not find any citation in your favor
Querist :
Anonymous
(Querist) 11 August 2011
Thank you Mr. Thankachan V.P.
But sir, the case is in Court only because the FIR was filed in a Police Station in India. Does the police station have any jurisdiction to register the said FIR?
