Section 186 of CrPC : Section 186: High Court to decide, in case of doubt, district where inquiry or trial shall take place.

CrPC

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Explanation using Example

Example 1:

Scenario: A theft occurs in a train traveling from Mumbai to Delhi. The theft is reported both in Mumbai and Delhi, and both the Mumbai Sessions Court and the Delhi Sessions Court take cognizance of the offence.

Application of Section 186:

  • Since both the Mumbai Sessions Court and the Delhi Sessions Court are subordinate to different High Courts (Bombay High Court and Delhi High Court respectively), the question of which court should conduct the trial will be decided by the High Court within whose jurisdiction the proceedings were first commenced.
  • If the proceedings were first commenced in Mumbai, the Bombay High Court will decide which court should conduct the trial.
  • Once the Bombay High Court makes a decision, all other proceedings in respect of that offence in the Delhi Sessions Court will be discontinued.

Example 2:

Scenario: A cybercrime involving hacking into a bank's server occurs, affecting branches in both Bengaluru and Chennai. Both the Bengaluru City Civil and Sessions Court and the Chennai City Civil and Sessions Court take cognizance of the offence.

Application of Section 186:

  • Since both the Bengaluru City Civil and Sessions Court and the Chennai City Civil and Sessions Court are subordinate to different High Courts (Karnataka High Court and Madras High Court respectively), the question of which court should conduct the trial will be decided by the High Court within whose jurisdiction the proceedings were first commenced.
  • If the proceedings were first commenced in Chennai, the Madras High Court will decide which court should conduct the trial.
  • Once the Madras High Court makes a decision, all other proceedings in respect of that offence in the Bengaluru City Civil and Sessions Court will be discontinued.