Section 197 BNSS: Ordinary place of inquiry and trial (Formerly Section 177 CrPC)

Section 197 of Bharatiya Nagarik Suraksha Sanhita, 2023: Ordinary place of inquiry and trial

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

Legal Commentary & Landmark Judgments: Section 197

Section 197 defines the ordinary place of inquiry and trial, establishing the fundamental territorial rule that every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed (replacing Section 177 CrPC).

Locus Delicti: The place where the criminal act or omission took place.
Ordinary Rule of Jurisdiction: Trial must be held in the territorial jurisdiction where the crime occurred.
Convenience of Witnesses: Ensures trials are conducted near the scene of crime where witnesses and physical evidence are accessible.

Key Landmark Precedents:

Trisuns Chemical Industry v. Rajesh Agarwal (1999) 8 SCC 686: The Supreme Court held that while Section 177 CrPC (Section 197 BNSS) prescribes the ordinary venue of trial, territorial jurisdiction is subject to exceptions in subsequent sections and does not disable a magistrate from taking cognizance.
Rupali Devi v. State of U.P. (2019) 5 SCC 53: The 3-Judge Bench held that in offences of matrimonial cruelty under Section 498A IPC (Section 85 BNS), the court at the place where the married woman takes shelter after being driven out has territorial jurisdiction to try the offence.

Courtroom Practice & Strategic Litigation Guidance:

Linchpin territorial defence: If an FIR is lodged in a distant city where no part of the offence occurred, raise a preliminary objection under Section 197. Unless covered by specialized exceptions (e.g., matrimonial shelter under *Rupali Devi*), the trial must be transferred to the locus delicti.