Saturday, 10 October 2020

What is difference between jurisdiction of court to try an offence and territorial jurisdiction of court as per CRPC?

 From the above discussion, it is possible to take a view

that the words “tries an offence” are more appropriate than the

words “tries an offender” in section 461 (l). This is because, lack

of jurisdiction to try an offence cannot be cured by section 462

and hence section 461, logically, could have included the trial

of an offence by a Magistrate, not empowered by law to do so,

as one of the several items which make the proceedings void. In

contrast, the trial of an offender by a court which does not

have territorial jurisdiction, can be saved because of section

462, provided there is no other bar for the court to try the said

offender (such as in section 27). But Section 461 (l) makes the

proceedings of a Magistrate void, if he tried an offender, when

not empowered by law to do.{Para 38}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (CRL.) NO.456 OF 2019

KAUSHIK CHATTERJEE  Vs STATE OF HARYANA 

Dated: SEPTEMBER 30, 2020.

Read full judgment here: Click here

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