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Siv (engineer)     12 August 2011

Jurisdiction for this criminal ase

Dear All, Need help on the jurisdiction applicability to the below circumstances: A filed case against B at place in state-A and in that case B got acquitted. B belongs to another state called-B. After B got aquitted can B file case against A at his loation in state-B for the offences and lies made by the A. Can B invoke section 179 and 180 of CrPC to file case against A in the jurisdiction of state-B.


 1 Replies

dev kapoor (Honorary Secretary)     12 August 2011

Look my dear Siv, it is understood from your proposition that A belonging to state X was put to trial by B,in stat Y & he was acquitted.Now you want to know whether A can ptosecute B in state Y ?

The answer is simple.If the acquittal of A is not on account of defect in jurisdiction.In this connection law requires 'every offence shall ordinarily be tried by a local court within whose jurisdiction the offence was committed'.S.184 cr.p.c is however an exception.Even where the 'consequence of the offence ensue',the case can be tried there as wellif you elaborated your proposition it could be comprehensively replied.Your case is clear in so far as we presume "B was tried in state A & acquitted on merits after trial.B cannot file dfemation suit or other criminal proceeding against A in any other state than A,where he was tired and acquitted,.Illustrations appended to section 179 are of much value.But if the offence for which A faced trial is like 'abetment'....any person can be tried at a place where abetment was perpetrated or where the offence was committed in consequence of that abetment.

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