Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 – Offence Triable Where Act is Done or Consequence Ensues

Text of Section 199 BNSS

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.

Introduction and Legal Meaning

Section 199 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 defines the territorial jurisdiction of criminal courts in India when an offence involves multiple locations. This section provides that if an act constitutes an offence due to both the action and its consequence, then the case can be tried either where the act was committed or where its result occurred.

This provision is crucial for ensuring smooth functioning of the criminal justice system under the BNSS. It helps remove jurisdictional confusion and ensures that offenders can be tried effectively even if the offence spans different cities, states, or regions.

The BNSS Section 199 replaces the corresponding provision under Section 179 of the Code of Criminal Procedure (CrPC), 1973, maintaining continuity while modernizing the law to fit new types of offences such as cybercrime, online fraud, and interstate environmental violations.

Purpose and Objective of Section 199 BNSS

The main purpose of Section 199 BNSS 2023 is to simplify the determination of jurisdiction in criminal cases where the act and its effect occur in different locations. This ensures that no offender escapes trial merely because the offence crossed geographical boundaries.

Key objectives include:

Ensuring Access to Justice – Victims can seek justice in the place where they suffered harm or loss, instead of being forced to travel to where the act originated.
Flexibility for Law Enforcement – The provision allows police and courts to handle offences that occur across multiple states or online spaces.
Preventing Technical Obstruction – It avoids dismissal of cases due to disputes over territorial jurisdiction.
Reflecting Modern Realities – The section recognizes the digital age, where an act in one location can have consequences across the country or even internationally.

Key Features of Section 199 BNSS

Dual Jurisdiction Rule:
The section authorizes inquiry or trial in both the place where the act was done and where the consequence ensued.
Flexibility in Trial Venue:
The law uses the term “may,” indicating discretion for the prosecution or court to choose the most suitable jurisdiction.
Applicable to Modern Crimes:
Relevant in cases of cyber offences, online defamation, digital fraud, financial scams, environmental pollution, and cross-border offences.
Part of Chapter XIV BNSS:
Section 199 is part of Chapter XIV, which governs “Jurisdiction of Criminal Courts in Inquiries and Trials.”
Continuation of CrPC Principle:
Section 199 BNSS is conceptually derived from Section 179 CrPC, maintaining the principle while aligning with India’s reformed criminal justice system.

Illustrations and Practical Examples

Example 1 – Cybercrime or Online Threat:
If a person in Delhi sends threatening or defamatory messages to another person in Mumbai, the act (sending the message) occurs in Delhi, while the consequence (fear or defamation) occurs in Mumbai. Under Section 199 BNSS, the case may be tried in either Delhi or Mumbai.

Example 2 – Food Adulteration:
A company in Chennai manufactures adulterated food products that are sold and consumed in Hyderabad, causing illness. The act occurs in Chennai, but the consequence ensues in Hyderabad. The trial may take place in either city.

Example 3 – Environmental Offence:
A factory in Gujarat releases toxic waste into a river that flows into Maharashtra, causing damage to crops and fish. The act happens in Gujarat, while the consequence ensues in Maharashtra. Section 199 BNSS allows both states’ courts to have jurisdiction.

Example 4 – Financial or Online Fraud:
A person in Bengaluru runs an online scam that causes monetary losses to victims in Delhi. The act is done in Bengaluru, and the consequence is suffered in Delhi. Therefore, either location can try the offence under BNSS 2023 Section 199.

These examples show how Section 199 BNSS 2023 ensures justice is not obstructed by the complexity of location in modern criminal cases.

Importance of Section 199 BNSS in Criminal Jurisdiction

Facilitates Efficient Justice Delivery:
Allows courts to handle cases where the crime and its result occur in separate places, avoiding unnecessary delays.
Empowers Victims:
Victims can approach courts in their local area, increasing accessibility to the legal system.
Prevents Jurisdictional Disputes:
Stops accused persons from exploiting technicalities regarding the location of the offence.
Supports Modern Investigations:
Essential for handling digital, financial, cyber, and transnational crimes under the BNSS 2023 framework.
Strengthens Legal Uniformity:
Provides consistency across India’s judicial framework, ensuring every act with a harmful consequence is punishable, regardless of geography.

Legal Interpretation and Analysis

The legal foundation of Section 199 BNSS rests on two main components:

Act (Causa Causans): The physical or digital act that constitutes part of the offence.
Consequence (Causa Proxima): The harmful effect or result that completes the offence.

For jurisdiction under Section 199 to apply:

The act and consequence must have a direct causal link.
The consequence must be a foreseeable and immediate result of the act.
The act and the consequence can be partly or wholly within India.

The section does not apply where the connection is remote or accidental; the consequence must directly flow from the act for jurisdiction to exist.

Relationship with Other BNSS Provisions

Section 197 BNSS – General rule that an offence should be tried where it was committed.
Section 198 BNSS – Deals with offences committed partly in one area and partly in another.
Section 200 BNSS – Covers offences that are linked or related to each other.

Together, these provisions form a complete framework for determining criminal jurisdiction under the BNSS 2023. Section 199 plays a crucial role in cases where the place of the act and the place of consequence differ, bridging the gap between the two.

Practical Implications for Criminal Proceedings

For Prosecution:

Provides flexibility in choosing the venue for filing the case.
Allows prosecutors to select the jurisdiction most convenient for victims and witnesses.
Enables efficient investigation across states, especially in cyber and economic crimes.

For Defence:

Offers the right to challenge improper jurisdiction.
Defence counsel must analyse whether the chosen court genuinely has a connection with either the act or the consequence.
Prevents unfair trials in locations unrelated to the accused.

For Courts:

Courts must ensure the offence has a real nexus to their jurisdiction.
The “act” and “consequence” must be factually and legally connected.
Courts may transfer cases if the chosen venue appears arbitrary or inconvenient.

Modern Relevance of Section 199 BNSS

With the growth of cybercrimes, online harassment, digital payments, and social media offences, acts and their consequences frequently occur in different jurisdictions. For instance, a cyberattack launched from one country can impact victims across multiple states or nations.

Section 199 BNSS 2023 ensures that such offenders cannot evade justice by exploiting jurisdictional loopholes. It harmonizes with the principles of digital evidence laws, cyber law enforcement, and data protection regulations.

Additionally, in cases of corporate offences, environmental violations, and financial scams, this section guarantees that the place where harm occurred also has the authority to try the offender. This victim-oriented approach strengthens public confidence in India’s new criminal justice system under the BNSS.

Key Takeaways

Dual Jurisdiction Principle:
The case may be tried either where the act occurred or where the consequence took place.
Jurisdiction Flexibility:
Avoids procedural hurdles in multi-location offences.
Victim-Centric Justice:
Allows victims to file complaints in their local jurisdiction.
Relevance to Modern Offences:
Especially applicable to cybercrimes, financial frauds, environmental and corporate offences.
Modernization of Indian Criminal Procedure:
Section 199 BNSS reflects the modernization goals of the Bharatiya Nagarik Suraksha Sanhita 2023, ensuring speed, fairness, and accessibility in criminal trials.

Conclusion

Section 199 of the BNSS 2023 represents a progressive shift in India’s criminal procedural law. It removes the rigid limitations of geography by empowering courts to exercise jurisdiction based on either the place where the act was committed or where the consequence ensued.

This ensures that justice reaches the victims efficiently, regardless of where the offence originated. The section is vital for handling cross-border and technology-driven crimes in today’s interconnected society. By emphasizing accessibility, flexibility, and fairness, BNSS Section 199 strengthens the foundations of India’s reformed criminal justice system, promoting swift and effective justice delivery for all citizens.

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