How to interpret the question of territorial jurisdiction u/s 498A of IPC?
Recently I participated in a moot court. Central theme of moot problem was revolving around Sec. 498A of IPC. One of the main issues of that problem was territorial jurisdiction. While researching for that issue, I found a grey area. Initially, I thought the law on the issue of territorial jurisdiction was quite straight forward but as the research proceeded my opinion changed. How? Let’s check that out in the blog post.
Territorial Jurisdiction where cause of action arose –
According to Halsbury’s Laws of England First Edition 9th volume, page 280 - "The common law rule is that the proper venue for the trial of a crime is the area of jurisdiction in which the place is where the crime was committed."
Also according to Hon'ble Supreme Court in Y. Abraham Ajith vs Inspector Of Police (AIR 2004 SC 4286) -
"The crucial question is whether any part of the cause of action arose within the jurisdiction of the court concerned. In terms of Section 177 of the Code, it is the place where the offence was committed. In essence it is the cause of action for initiation of the proceedings against the accused."
https://www.lawweb.in/2016/03/how-to-interpret-question-of.html
