Section 199 of Bharatiya Nagarik Suraksha Sanhita, 2023: Offence triable where act is done or consequence ensues

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 179 CrPC

Legal Commentary & Landmark Judgments: Section 199

Section 199 regulates the place of trial when an act is an offence by reason of anything which has been done and of a consequence which has ensued, providing that the offence may be tried by a court within whose jurisdiction the act was done or consequence ensued.

  • Act Done in One Place: Criminal act executed in one district (e.g., adulterating poison, manufacturing spurious drugs).
  • Consequence Ensuing Elsewhere: Consequence occurs in another district (e.g., victim consumes poison and dies in another city).
  • Concurrent Jurisdiction: Courts at either the place of the act or the place of consequence possess valid trial jurisdiction.
Key Landmark Precedents:
  • S.L. Goswami v. State of M.P. (1972) 3 SCC 415: The Supreme Court held that where death ensues in a hospital in District B from injuries inflicted in District A, courts in both districts have concurrent jurisdiction under Section 179 CrPC (Section 199 BNSS).
  • Trisuns Chemical Industry v. Rajesh Agarwal (1999) 8 SCC 686: Affirmed concurrent jurisdiction in commercial fraud where representations were made in one state and delivery of goods took place in another.
Courtroom Practice & Strategic Litigation Guidance:

In financial cheating or medical negligence trials, use Section 199 to establish jurisdiction at the hospital where the patient died or at the bank where the cheque was dishonored, regardless of where the doctor or drawer operated.