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Rafeeq Ahmed   13 August 2025

Jurisdiction of court

I am from railway Central law enforcement agency where the special nominated JMFCs takes the cognizance of cases through the notification of state government. The offence occurred in an area where such area is not included in such state government notification and neglected. Now where can I file my criminal case under BNSS and what sections guide me



 5 Replies

P. Venu (Advocate)     13 August 2025

"railway Central law enforcement agency" What is it?


T. Kalaiselvan, Advocate (Advocate)     13 August 2025

You may revert with proper details if you are really suffering from any legal issues.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 August 2025

To determine the appropriate court for filing your criminal case under the Bharatiya Nagarik Suraksha Sanhita (BNSS), you'll need to understand the jurisdiction and procedures outlined in the BNSS.

*Jurisdiction of Court* Given that the special nominated JMFCs (Judicial Magistrate First Class) take cognizance of cases through state government notifications, and the offense occurred in an area not included in the notification, you may need to explore alternative options. 

*Filing a Complaint* You can file a complaint under Section 223 of BNSS, which allows a Magistrate to take cognizance of an offense based on a complaint.

The Magistrate will examine the complainant and witnesses, if any, to determine if there's a prima facie case. *Relevant Sections* - 

*Section 223 BNSS*: Examination of complainant and witnesses - *Section 227 BNSS*: Issue of process against the accused - *Section 262 BNSS*: Discharge of accused 

Steps to File a Case

1. *Determine the Correct Court*: Identify the court with jurisdiction over the area where the offense occurred. If the area is not included in the state government notification, you may need to approach a different court.

 2. *File a Complaint*: Submit a complaint to the Magistrate, providing details of the offense and supporting evidence.

3. *Examination by Magistrate*: The Magistrate will examine the complainant and witnesses to determine if there's a prima facie case. 4.

 *Issue of Process*: If the Magistrate finds sufficient grounds, they will issue a summons or warrant against the accused.¹

*Additional Considerations* -

 *Zero FIR*: If the police station where you file the complaint doesn't have jurisdiction over the area, you can file a Zero FIR, which can be transferred to the relevant police station. -

*Approaching the Superintendent of Police (SP)*: If the police refuse to register an FIR, you can approach the SP or the Magistrate for redressal.

Advocate Bhartesh goyal (advocate)     13 August 2025

You can file complaint u/sec 223 of BNSS in the court under  who's jurisdiction offence took place.

Dr. J C Vashista (Advocate )     14 August 2025

Entire railway offences are tried u/s 223 BNSS where crime has occured by a specially nominated Judicial Magistrate First Class holding Court at a nominated railway station.

Facts posted are incomplete, vague and confusing, if it is not an academic exercise to improve your legal knowledge or giving an examination.

It is better to seek professional services of a local prudent lawyer for proper analyses of facts/documents and necessary advise/ proceeding, if it is your personal problem and not a hypothetical question paper, as may be presumed.
  


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