Section 201 of Bharatiya Nagarik Suraksha Sanhita, 2023: Place of trial in case of certain offences

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

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 181 CrPC

Legal Commentary & Landmark Judgments: Section 201

Section 201 prescribes specialized rules for the place of trial in case of specific offences, including dacoity, kidnapping, theft, extortion, criminal misappropriation, and criminal breach of trust.

  • Dacoity & Thuggee: Triable where the offence was committed, or where the offender is found.
  • Kidnapping & Abduction: Triable where the person was kidnapped/abducted, or where conveyed, concealed, or detained.
  • Theft, Extortion & Breach of Trust: Triable where property was stolen/received, or where property was required to be returned or accounted for by the accused.
Key Landmark Precedents:
  • Ascon Construction Ltd. v. State of West Bengal (2008) 16 SCC 557: The Supreme Court held that in criminal breach of trust, the court within whose jurisdiction the property was required to be accounted for or returned possesses valid jurisdiction under Section 181(4) CrPC (Section 201(4) BNSS).
  • State of M.P. v. Suresh Kaushal (2003) 11 SCC 126: Affirmed that kidnapping is a continuing offence triable in any district through which the victim was conveyed.
Courtroom Practice & Strategic Litigation Guidance:

In commercial embezzlement or corporate misappropriation, check the employment or partnership contract. If the contract mandates accounting or remittance at Mumbai, the Mumbai court has complete jurisdiction under Section 201(4) even if the factory was located in another state.