Why distance from ‘crime scene’ matters in criminal law
This analysis discusses the legal principle of territorial jurisdiction in criminal law, specifically regarding the filing of complaints far from the site of an incident. It highlights Supreme Court precedents aimed at preventing 'forum-shopping' and the harassment of accused individuals.
Why it matters
Understanding jurisdictional rules is essential for maintaining the integrity of the legal system and preventing the misuse of criminal complaints.
A Prayagraj court’s summons to Independent MP Rajesh Ranjan alias Pappu Yadav for his skit at the Parliament complex over the alleged theft of donations at the Ram Temple raises the question of territorial jurisdiction, which the judiciary is expected to strictly enforce to prevent “forum-shopping” by unscrupulous litigants as a means to harassment.
The court summons to the MP to reportedly appear before it on August 11 was based on a complaint filed before the court in Prayagraj. Section 223 of the Bharatiya Nyaya Suraksha Sanhita (BNSS) begins with the words ‘A Magistrate having jurisdiction’, suggesting that the Magistrate should have territorial competence while taking cognisance of an offence on a complaint.
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