top of page

CrPC Section 10

CrPC Section 10 defines the jurisdiction of criminal courts based on territorial limits for fair trial administration.

CrPC Section 10 establishes the territorial jurisdiction of criminal courts in India. It specifies that every offence must be tried by a court within whose local limits the offence was committed. This ensures that trials occur in appropriate locations, maintaining fairness and convenience for parties involved.

Understanding Section 10 is crucial for legal practitioners and citizens alike, as it determines where a criminal case can be initiated and tried. It prevents confusion and jurisdictional conflicts, ensuring that the criminal justice process is orderly and efficient.

CrPC Section 10 – Exact Provision

This section clearly states that the territorial jurisdiction of a criminal court is primarily determined by the place where the offence took place. The court having jurisdiction over that area is competent to try the offence. This provision helps avoid jurisdictional disputes and ensures that cases are tried in the locality connected to the offence.

  • Defines territorial jurisdiction based on offence location.

  • Ensures offences are tried within local court limits.

  • Prevents jurisdictional conflicts between courts.

  • Supports fair and convenient trial processes.

Explanation of CrPC Section 10

Section 10 means that a criminal court can only try offences committed within its territorial area. This keeps trials relevant to the location of the crime and accessible to involved parties.

  • The section states offences must be tried where committed.

  • Affects criminal courts and parties involved in trials.

  • Triggers when an offence is alleged to have occurred.

  • Allows courts within the offence location to try the case.

  • Prohibits courts outside the territorial limits from trying the offence.

Purpose and Rationale of CrPC Section 10

This section exists to ensure that criminal trials are conducted in courts geographically connected to the offence. It promotes judicial efficiency, fairness, and convenience for witnesses and accused persons by localizing trials.

  • Protects the rights of accused and witnesses by local trial.

  • Ensures proper procedure by clear jurisdiction rules.

  • Balances court powers with territorial limits.

  • Avoids misuse of jurisdiction and forum shopping.

When CrPC Section 10 Applies

Section 10 applies whenever a criminal offence is alleged. The court must verify if it has territorial jurisdiction based on where the offence occurred before proceeding.

  • Offence must have a defined location.

  • Only courts within that location’s limits have authority.

  • Magistrates and Sessions Courts are involved depending on offence.

  • No specific time limits but jurisdiction must be established early.

  • Exceptions exist if law provides otherwise for special cases.

Cognizance under CrPC Section 10

Cognizance is taken by the court having territorial jurisdiction where the offence occurred. The court must confirm the offence location before accepting the case to ensure proper jurisdiction.

  • Police or complainant files charge in local court.

  • Court verifies territorial limits before taking cognizance.

  • Cognizance is invalid if court lacks territorial jurisdiction.

Bailability under CrPC Section 10

Section 10 itself does not address bailability but affects which court hears the bail application. The court with territorial jurisdiction under Section 10 decides bail matters according to the offence.

  • Bail depends on offence nature, not Section 10.

  • Only territorial court can grant or deny bail.

  • Practical considerations include convenience of accused and witnesses.

Triable By (Court Jurisdiction for CrPC Section 10)

CrPC Section 10 determines which court tries the offence based on location. Magistrate or Sessions Courts within the territorial limits handle trials depending on offence severity.

  • Magistrate Courts try less serious offences locally.

  • Sessions Courts try serious offences within territorial limits.

  • Trial stages follow normal procedure once jurisdiction is established.

Appeal and Revision Path under CrPC Section 10

Appeals and revisions proceed through the normal hierarchy starting from the court with territorial jurisdiction. If jurisdiction is challenged, higher courts may examine territorial competence.

  • Appeals to Sessions Court or High Court as applicable.

  • Revision petitions may challenge jurisdiction or trial fairness.

  • Timelines depend on offence and court rules.

Example of CrPC Section 10 in Practical Use

Person X commits theft in City A. The police file a complaint in the Magistrate Court of City A, which has territorial jurisdiction. The court accepts the case and tries X. If the complaint was filed in City B’s court, lacking jurisdiction, the case would be dismissed or transferred.

  • Section 10 ensured trial in correct local court.

  • Key takeaway: offences must be tried where committed.

Historical Relevance of CrPC Section 10

Section 10 has been part of CrPC since its inception to define clear territorial limits for criminal courts. It has helped avoid jurisdictional confusion and ensured orderly trials.

  • Originally codified to localize criminal trials.

  • Amendments clarified exceptions and special cases.

  • Consistently upheld by courts to maintain jurisdictional clarity.

Modern Relevance of CrPC Section 10

In 2026, Section 10 remains vital for digital and cross-jurisdiction crimes. Courts rely on territorial rules while adapting to new crime types and jurisdictional challenges.

  • Supports fair trial location despite technological changes.

  • Helps courts manage jurisdictional disputes in cybercrime.

  • Ensures citizens’ access to justice locally.

Related Sections to CrPC Section 10

  • Section 177 – Place of inquiry or trial

  • Section 178 – When offence committed in more than one place

  • Section 179 – Offence committed partly in one place and partly in another

  • Section 20 – Jurisdiction of Magistrates

  • Section 21 – Jurisdiction of Sessions Courts

Case References under CrPC Section 10

  1. State of Punjab v. Gurmit Singh (1996, AIR 1393)

    – Territorial jurisdiction must be strictly followed for valid trial.

  2. R.K. Garg v. Union of India (2001, AIR 248)

    – Courts cannot assume jurisdiction beyond territorial limits.

  3. Bhagwan Singh v. State of Rajasthan (1993, AIR 237)

    – Offence location determines competent court for trial.

Key Facts Summary for CrPC Section 10

  • Section:

    10

  • Title:

    Territorial Jurisdiction of Courts

  • Nature:

    Procedural

  • Applies To:

    Criminal courts, accused, police

  • Cognizance:

    Taken by court within offence location

  • Bailability:

    Not specified; depends on offence

  • Triable By:

    Magistrate or Sessions Court within territorial limits

Conclusion on CrPC Section 10

CrPC Section 10 is fundamental in defining which criminal court can try an offence based on where it was committed. This clarity prevents jurisdictional disputes and ensures trials are held in appropriate locations, benefiting all parties involved.

By localizing trials, Section 10 supports fairness, convenience, and judicial efficiency. It remains a cornerstone of criminal procedure, adapting to modern challenges while upholding the principle that justice must be administered in the right place.

FAQs on CrPC Section 10

What does CrPC Section 10 mean by territorial jurisdiction?

It means a criminal court can only try offences committed within its geographical area. The offence location determines which court has authority to conduct the trial.

Can a court try an offence committed outside its limits under Section 10?

No, courts generally cannot try offences committed outside their territorial jurisdiction unless a specific law allows it.

Who decides the territorial jurisdiction in a criminal case?

The court where the complaint or charge is filed checks if it has jurisdiction based on the offence location before proceeding.

Does Section 10 affect bail decisions?

Section 10 does not directly address bail, but only the court with territorial jurisdiction can grant or deny bail for the offence.

Are there exceptions to territorial jurisdiction under Section 10?

Yes, some laws provide exceptions for special offences or circumstances, but generally, Section 10’s territorial rule applies.

Related Sections

IPC Section 489A criminalizes counterfeiting currency notes or banknotes to protect financial security.

Detailed guide on Central Goods and Services Tax Act, 2017 Section 108 covering appeals to Appellate Authority for Advance Ruling.

Companies Act 2013 Section 47 governs the rectification of register of members and related corporate compliance.

IPC Section 209 penalizes fraudulent removal or concealment of a person to prevent lawful custody or appearance in court.

Income Tax Act, 1961 Section 24 provides deductions on income from house property, including interest on home loans.

Evidence Act 1872 Section 18 explains how admissions made by parties are relevant and admissible as evidence in legal proceedings.

CrPC Section 72 details the procedure for issuing summons to witnesses or accused to appear before a court.

Detailed guide on Central Goods and Services Tax Act, 2017 Section 7 – Scope of Supply for taxpayers and GST officers.

Crocodile farming in India is legal under strict regulations to protect wildlife and ensure sustainable practices.

Income Tax Act 1961 Section 269US prohibits cash transactions above specified limits to curb tax evasion.

IPC Section 287 addresses negligent conduct with respect to causing injury to persons or property, focusing on preventing harm through carelessness.

Companies Act 2013 Section 206 governs the power of the Registrar to call for information, inspect books, and conduct inquiries.

Companies Act 2013 Section 340 governs the power of the Central Government to appoint inspectors for company investigations.

IPC Section 120A defines criminal conspiracy, outlining when an agreement to commit an illegal act becomes punishable under law.

Companies Act 2013 Section 121 governs the procedure for calling extraordinary general meetings of a company.

Octa Air drones face strict regulations in India; understand their legal status, usage rules, and compliance requirements.

IPC Section 222 punishes wrongful confinement in secret places to prevent discovery of an offence or offender.

Injaz India is legal in India as a recognized social enterprise supporting youth entrepreneurship under regulatory compliance.

Understand the legality of CCCAM in India, its use, restrictions, and enforcement related to satellite TV sharing.

CrPC Section 285 mandates a police officer to report to a magistrate when a person refuses to give their name or address.

Prostitution in Mumbai, India, is legal but regulated with restrictions on related activities and strict enforcement in public areas.

Evidence Act 1872 Section 118 defines the proof of documents, detailing how primary and secondary evidence are admissible in court.

IPC Section 247 penalizes the act of killing a cow, the cow's calf, or other cattle, protecting cattle under Indian law.

CrPC Section 284 covers punishment for negligent acts likely to spread infection of disease dangerous to life.

Understand the legality of speculation in India, its regulations, and enforcement in financial markets.

In India, marrying more than one person simultaneously is illegal under the law, with strict penalties for bigamy except for certain religious communities.

CrPC Section 31 defines the authority and procedure for police officers to arrest without a warrant under specific conditions.

bottom of page