JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALSCentral

Section 186 of The Code of Criminal Procedure, 1973

Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided

(a)if the Courts are subordinate to the same High Court, by that High Court;
(b)if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued.

Summary

This section resolves confusion when two or more courts start legal action for the same crime.
It provides a clear rule for which court should continue the trial and which must stop.
If the courts report to the same High Court, that High Court decides which one proceeds.
If the courts report to different High Courts, the decision is made by the High Court where the case first began.
Once a decision is made, all other courts must stop their proceedings for that offence.

Practical examples

1A man is accused of fraud in both Mumbai and Pune. Since both courts are under the Bombay High Court, that High Court will choose which city handles the trial.

2A scam involves transactions in Delhi and Kolkata. Both courts start cases. The High Court in the city where the very first legal step was taken will decide which court stays open.

FAQ

1. What happens if two courts take official notice of the same crime under Section 186 of the 1973 Criminal Procedure Code?

Section 186 of the Code of Criminal Procedure, 1973, states that a High Court must decide which court is the correct one to continue the trial.

2. Which High Court decides the trial location if the courts are in different states under Section 186 of the criminal procedure law?

According to Section 186 of the Code of Criminal Procedure, 1973, the High Court within whose jurisdiction the proceedings first commenced will make the decision.

3. Must a court stop its trial if another court is chosen under Section 186 of the 1973 Act?

Yes, Section 186 of the Code of Criminal Procedure, 1973, requires that all other proceedings for that offence be discontinued once the decision is made.

Test yourself

Q1.Under Section 186 of the Code of Criminal Procedure, 1973, if two courts under the same High Court take notice of the same crime, who decides where the trial happens?

Q2.If two courts under different High Courts are involved, which High Court makes the choice under Section 186 of the 1973 Code?

Q3.What must happen to the secondary court proceedings once a decision is made under Section 186 of the Code of Criminal Procedure, 1973?

Q4.Section 186 of the 1973 Criminal Procedure Code applies when two or more courts have taken what action?

185PreviousSection 185 Power to order cases to be tried in different sessions divisions.187NextSection 187 Power to issue summons or warrant for offence committed beyond local jurisdiction.

←Section 185 Section 187→