ashok kumar (Social Worker) 29 November 2012

Jurisdiction issue

Dear Friends

Many a times I have seen that when some one says some thing in some part of India say for example at BOMBAY, and the words of the person prima facie contitutes a crime under IPC. Then in such cases I have seen many times Complaint before a magistrate is filed in some other remote part of the country.

For example when Raj Thackery said things in Mumbai against Biharis, complaints were filed against him in Bihar

My question is that the crime being committed in Mumbai, how does the jurisdiction for a complaint justified in Bihar, the cause of action being at Mumbai?

Can any one give a legal explanation along with the relevant law in this regard

Ashok Kumar

ashokkumar@calibreplacements.com

Reply Follow

2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 29 November 2012

The answer is very simple - in offences such as defamation/incitement of riots/public disorder etc. cause of action arises not merely at the place where the words are spoken but also at all places where the words are subsequently published or reproduced, for if a person in Bihar gets incited by what is said in Maharashtra - cause of action arises in Bihar too, similar logic applies to defamation. If an article is published against X at Delhi - subsequently repeated at Bangalore - in Bangalore when people read the same and X's reputation is undermined in their estimation the Cause of Action clearly is made out at such places.

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia