What does ”local limits” mean?
As per s2 of the Criminal procedure Code (“CPC”), “local limits of the jurisdiction” of a Magistrate’s Court means the limits of the ordinary administrative district in which the Court house is situated. According to s121 CPC, every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed. There are however statutory exceptions.
Exceptions:
1. S122 CPC
When an accused commits an offence and any consequences ensues, the offence may be inquired into or tried by the Court at where the act was committed or by the court at where the consequences ensued.
Eg: A was wounded in the local limits of the jurisdiction of Court X But A dies within the local limits of the jurisdiction of Court Y. Then the offence of culpable homicide of A may be tried by either Court X or Court Y.
2. S123 CPC
When an offence is committed in one jurisdiction and the offence related to the first offence or a would be offence is committed in another jurisdiction, the accused may be inquired into or tried by a Court within the local limits of whose jurisdiction either act was done.
E.g: A stole something within the local limits of the jurisdiction of Court X and was later caught in possession of stolen within the local limits of the jurisdiction of Court Y. Then A may be charged for committing theft at either Court X or Court Y.
3. S124 (1)CPC
The offence of having escaped from custody may be inquired into or tried by a Court where the escape occurred or a Court where the person was apprehended after the escape.
4. S124 (2) CPC
The offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court where any part of the misappropriated property was received by the accused, or where the offence was committed.
5. S124 (3) CPC
The offence of stealing may be inquired into or tried by a Court where such thing was stolen or was possessed by the thief, or by any person who receives or retains the same knowing or having reason to believe it to be stolen.
6. S125 CPC
If—
(a) when it is uncertain in which of several local areas an
(b) where an offence is committed partly in one local area and partly in another;
(c) where an offence is a continuing one and continues to be committed in more local areas than one; or
(d) where it consists of several acts done in different local areas,
it may be inquired into and tried by a Court having jurisdiction over any of such local areas.
7. S126 CPC
An offence committed while the offender on a journey or voyage may be inquired into or tried by a Court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that journey or voyage.
