Section 179 of The Code of Criminal Procedure, 1973
When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.
Summary
- A crime can be tried in a court where the original act was performed.
- It can also be tried in a court where the consequence of that act occurred.
- This applies when the act and its result together create the legal definition of an offence.
- Jurisdiction is shared between the location of the cause and the location of the effect.
Practical examples
FAQ
1. Where is a trial held if a victim dies in a different city under Section 179 of The Code of Criminal Procedure, 1973?
Under Section 179 of the 1973 Code, the trial can be held either where the injury was inflicted or where the death (the consequence) occurred.
2. Does Section 179 of the Procedure Code apply if the consequence happens later?
Yes, Section 179 of the 1973 Act applies whenever an act and its ensuing consequence together form an offence, regardless of the timing.
3. Can a court in the city where a result happened try a case under Section 179 of the 1973 Act?
Yes, Section 179 specifically allows an offence to be tried by a court where the consequence has ensued.
Test yourself
Q1.Under Section 179 of The Code of Criminal Procedure, 1973, an offence is triable where an act is done OR:
Q2.If an act and its consequence both happen in the same building, does Section 179 of the 1973 Act still technically apply?
Q3.Under Section 179 of the Criminal Procedure Code, what must be true for the consequence to determine jurisdiction?
Q4.A person is poisoned in Patna and dies in Ranchi. According to Section 179 of the 1973 Code, which court can try the case?