Monday, 26 April 2021

Whether concept of cause of action is applicable to criminal law?

 The crucial question is whether any part of the cause of action arose within the jurisdiction of the concerned Court. 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.

While in civil cases, normally the expression "cause of action" is used, in criminal cases as stated in Section 177 of the Code, reference is to the local jurisdiction where the offence is committed. These variations in etymological expression do not really make the position different. The expression "cause of action" is therefore not a stranger to criminal cases.

Supreme Court of India
Y. Abraham Ajith & Ors vs Inspector Of Police, Chennai & Anr on 17 August, 2004
Author: A Pasayat

Bench: Arijit Pasayat, C.K. Thakker
Read full Judgment here: Click here
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