Vital Role of Jurisdiction of the Criminal Courts in Inquiries and Trials
By
A. K. Agarwal
Section 177 of the Criminal Procedure Code lays down that ordinarily, every offence is to be inquired into and tried by a Court within whose local jurisdiction the offence was committed. The word ordinarily suggests that its provisions are not peremptory, and the place of trial is not limited to the one mentioned in the section. This view has been confirmed by the Supreme Court, which has observed that the word ‘ordinarily’ indicates that Section 177 is a general section, and must be read subject to the special provisions of sections which follow it. (L. N. Mukherjee, — AIR 1961 SC 1601)
For the purpose of an offence under the Child Marriage Restraint Act, it is the place where the marriage took place that is relevant. So it is quite immaterial to inquire as to where or when or by whom the tilak ceremony was performed. Under Section 177 of the Criminal Procedure Code, the offence must ordinarily be tried by a Court within the local limits of whose jurisdict ....