Place of trial in case of certain offences
Section 181 of the Code of Criminal Procedure, 1973 deals with place of trial in case of certain offences. Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.
(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to relieve it to be stolen property.
(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property
which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.
(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.
Section 181, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 201 Place of trial in case of certain offences Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kaushik Chaterjee vs State of Haryana
Court's Decision & Legal Precedent
The question of territorial jurisdiction in criminal proceedings is a question of fact that must be established through evidence and cannot be decided at the transfer petition stage. The trial court, not the Supreme Court, is the appropriate forum to decide jurisdictional issues after evidence is led on the place of commission of the offence and other relevant factors enumerated in Sections 177 to 184 of the Code of Criminal Procedure. Therefore, transfer petitions seeking transfer on the ground of lack of territorial jurisdiction must be dismissed, leaving it open to the parties to raise and have the trial court decide the jurisdictional issue during the trial.
On this section: Provides specific jurisdictional rules for dacoity, dacoity with murder, kidnapping, abduction, theft, extortion, robbery, criminal misappropriation, criminal breach of trust, and possession of stolen property. Relevant to the present case regarding criminal misappropriation and criminal breach of trust.
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Rasiklal Dalpatram Thakkar vs State of Gujarat
Court's Decision & Legal Precedent
When a Magistrate empowered under Section 190 Cr.P.C. directs an investigation under Section 156(3) Cr.P.C. in respect of a cognizable offence based on a complaint, the investigating officer is statutorily bound to conduct such investigation, and cannot unilaterally refuse to do so on the sole ground that he believes the alleged offence was committed outside his territorial jurisdiction. The question of whether a particular court has jurisdiction to entertain a complaint is for the court to decide after considering the complete factual matrix placed before it upon completion of investigation, not for the investigating agency to prejudge at the investigation stage. The protection afforded by Section 156(2) Cr.P.C. extends to investigations ordered under Section 156(3), ensuring that no investigation proceeding can be questioned on grounds that the investigating officer was not empowered to conduct it, thereby obligating the investigating agency to place all facts before the court for the court's final jurisdictional determination.
On this section: Provides that offences of criminal misappropriation or criminal breach of trust may be inquired into or tried by court within jurisdiction where offence was committed or any part of property forming subject matter was received, retained, or required to be returned/accounted for. Court clarified this applies at trial stage, not at investigation stage under Section 156(3)
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Vishwantaha Tantri vs The State of Delhi
Court's Decision & Legal Precedent
Where loans are sanctioned and disbursed from the head office of a financial institution located in Delhi, and the offence involves criminal misappropriation and breach of trust in relation to those loans, the Delhi court has territorial jurisdiction to try the offence under Section 181(4) CrPC, notwithstanding that the preliminary acts of verification and application submission occurred in another state. The place of receipt and disbursement of the property (money) is the relevant factor for determining jurisdiction in cases of criminal misappropriation and breach of trust, not merely the place where the initial fraudulent acts were committed.
On this section: Specifically addresses criminal misappropriation and breach of trust; allows trial by court where offence was committed or where any part of property was received, retained, or required to be returned or accounted for; directly applied to establish Delhi's jurisdiction
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Xxx vs In Re- State of Assam
Court's Decision & Legal Precedent
When a criminal offence is continuing in nature, initiated in one jurisdiction with consequences ensuing in that same jurisdiction, and parts of the offence (including the consequences) occur within that jurisdiction, the court having jurisdiction over that area where the offence was initiated and consequences ensued has the authority to conduct the trial, even if part of the criminal acts occurred in a different jurisdiction. This principle applies under Sections 178 and 179 of the Criminal Procedure Code, 1973, and the trial court need not be changed merely because some acts constituting the offence occurred in a different territorial jurisdiction.
On this section: Cited regarding jurisdiction for specific offences like thug, dacoity with murder, and escaping from custody. Court noted this provision was not applicable to the POCSO case.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 181
What have the courts held on Section 181 of the Code of Criminal Procedure?
Kaushik Chaterjee vs State of Haryana (30 Sep 2020) is the leading judgment on this section among those set out below: Provides specific jurisdictional rules for dacoity, dacoity with murder, kidnapping, abduction, theft, extortion, robbery, criminal misappropriation, criminal breach of trust, and possession of stolen property. Relevant to the present case regarding criminal misappropriation and criminal breach of trust. Another 3 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2007 to 2022.
How do I find court cases under Section 181 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 181, section 181 CRPC, section 181 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Kaushik Chaterjee vs State of Haryana (30 Sep 2020).
What should I read with Section 181 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 201 (Place of trial in case of certain offences), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 181 of the Code of Criminal Procedure come into force?
Section 181 of the Code of Criminal Procedure, cited as CRPC 181, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.