Legal Provisions of Section 181 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Place of trial in case of certain offences:
The section provides for alternative local jurisdictions as to inquiry or trial in respect of certain offences mentioned in sub-sections (1) to (5) of the section. These offences are (1) being a thug (Section 311 IPC) or murder committed by a thug (2) dacoity (Section 335 IPC) belonging to a gang of dacoits or dacoity with murder (Section 302 IPC) (3) escape from custody (Section 274 IPC) (4) Kidnapping (Sections 359, 360 & 361 IPC) (5) Abduction (Section 362 IPC) (6) Theft (Section 378 IPC) (7) Extortion (Section 383 IPC) (8) robbery (Section 390 IPC) (9) Criminal misappropriation (Section 403 IPC) (10) Criminal breach of trust (Section 406 IPC) and (11) Possession of stolen property (Section 410 IPC) (12) Cheating (13) forgery (415) (463 IPC), etc.
The offence of criminal breach of trust can be tried either in a Court within whose jurisdiction the offence was committed; or where any part of property, which was the subject matter of the offence, was received or retained; or at the place where property was required to be returned or accounted for by the accused.
In cases where it is not known to the complainant as to where the misappropriation actually occurred, jurisdiction will lie to the Court at the place where the property had to be delivered.
The Supreme Court in the case of Asit Bhattacharjee v. Hanuman Prasad Ojha and others has clarified that offences of cheating and criminal mis-appropriation can be tried and investigated at the place where fraudulent representation is made or where property had been entrusted or was to be accounted for.
Thus where the complainant company was having its business at place ‘C* in one state and the charges for offences under Sections 420, 406, 120-B, etc. committed by company’s agent in another state, the Police at “C’ place will have jurisdiction to investigate as the reconciliation of accounts took place at C, notwithstanding the fact that major part of offence took place in another state.