Bharatiya Nagarik Suraksha Sanhita, 2023
Section 203
Offence committed on journey or voyage
When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.
Why this exists
Crimes committed during travel—especially on trains, buses, or ships crossing multiple districts or states—create confusion about which court has authority, since the exact location of the offence may be hard to pin down. This provision (continuing a rule from the earlier Code of Criminal Procedure) ensures that any court along the travel route can handle the case, so victims and police are not stuck arguing over jurisdiction while the trail goes cold.
How courts read it
Courts have historically applied the predecessor provision (Section 182 CrPC) to cases like thefts or assaults on running trains, holding that jurisdiction extends to any court through which the train passed, not just the point of departure or arrival. This flexible reading has been consistently upheld to prevent accused persons from escaping trial merely because the precise spot of the offence on a long journey could not be established.
Common misconceptions
- Myth: The case can only be tried where the journey started or ended.
Fact: Any court along the entire route the person or object traveled through can inquire into or try the case. - Myth: You must prove the exact location of the crime for a court to have jurisdiction.
Fact: This provision exists precisely because the exact spot may be unknown; any court on the travel path has jurisdiction.