Section 198 BNSS: Place of inquiry or trial (Formerly Section 178 CrPC)

Section 198 of Bharatiya Nagarik Suraksha Sanhita, 2023: Place of inquiry or trial

Official Bare Act Text

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

(a) When it is uncertain in which of several local areas an offence was committed; or

(b) where an offence is committed partly in one local area and partly in another; or

(c) where an offence is a continuing one, and continues to be committed in more local areas than one; or

(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

Legal Commentary & Landmark Judgments: Section 198

Section 198 provides the rules for determining the place of inquiry or trial in complex cases where an offence is committed in several local areas, or partly in one and partly in another, or is a continuing offence.

Uncertainty of Local Area: Uncertain in which of several local areas an offence was committed.
Partially Committed in Multiple Areas: Offence committed partly in one local area and partly in another.
Continuing Offence: Offence continues in several local areas; may be inquired into or tried by a court having jurisdiction over any of such local areas.

Key Landmark Precedents:

State of Bihar v. Deokaran Nenshi (1972) 2 SCC 890: The Supreme Court analysed the doctrine of 'continuing offence', holding that an offence which creates a continuous state of affairs can be tried in any jurisdiction where the state of affairs persists.
Rupali Devi v. State of U.P. (2019) 5 SCC 53: Affirmed that the adverse emotional and physical consequences of cruelty continuing at the parental home confer jurisdiction under continuing offence principles.

Courtroom Practice & Strategic Litigation Guidance:

In cyber crimes, online fraud, or cross-border kidnappings, invoke Section 198 to justify filing the complaint in the jurisdiction where the funds were siphoned or where the victim suffered wrongful loss.