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Harsh (Manager)     23 June 2013

Jurisdiction & fir

If a crime happened in places A, B and the victim moves to a differnt city or different area (C),  can he file a FIR at 'C' ?

Or does have to go back to A or B and file although he doesn't live there any more?

thanks



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 June 2013

 a complaint lodged with the police where the crime happened,  by the victim of a cognizable offense or by someone on his on her behalf, but anyone can make such a report either orally or in writing to the police. In Andhra pradesh a victim can send SMS through their mobile phones. It can be registered. That facility is there.

Advocate Deepak Gupta (Lawyer)     24 June 2013

Read sec 177 , 178 of the Cr.P.C , it sort out your query .

1 Like

Advocate Bhartesh goyal (advocate)     24 June 2013

FIR has to be lodged in place where offence has been commited. 

177.Ordinary place of inquiry and trial.-

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

 

Harsh (Manager)     24 June 2013

@ Experts

thanks to all, These IPCs define which COURT will try but no mention of any specific PS. Multiple PS will come under a Court.

Still 178 makes a lot of sense to me.


(Guest)

@Querist,

 

The answer of your query lies in section 190,191 of the Code of Criminal procedure.

 

Further....{If a genuine need arises thereof}

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 June 2013

Dear harsh

as per Criminal Procedure code

177. Ordinary place of inquiry and trial.

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

178. Place of inquiry or trial.

(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 party in another, or

(c) Where an offence is a continuing one, and continues to be committed in more local area has one, or

(d) Where it consists of several acts done in different local areas, It may be inquired to or tried by a court having jurisdiction over any of such local areas.

179. Offence triable where act is done or consequence ensues.

When an act is an offence, due to anything, which has been done, and of a consequence, which has ensued, the offence may be inquired into or tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued.

180. Place of trial where act is an offence by reason of relation to other offence.

When an act is an offence by reason of its relation to any other act which is also all offence or which would be an offence if the doer were capable of committing all offence, the first-mentioned offence may be inquired into or tried by a court within whose local jurisdiction either act was done.

181. Place of trial in case of certain offences.

(1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the accused person is found.

(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by, a court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.

(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.

(4) Any offence of criminal misappropriation or of criminal breach of trust may he inquired into or tried by a court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.

(5) Any offence which includes the possession of stolen property may be inquired into or tried by, a court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.

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