Introduction to Section 198 BNSS
BNSS Section 198 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with where a criminal case can be tried when the crime took place in more than one area or its exact location is unclear. This section ensures that legal trials don’t get delayed or dismissed just because of confusion over jurisdiction. It plays a major role in multi-location and cyber offences.
What is BNSS Section 198 ?
BNSS Section 198 lays down the legal rule about the place of inquiry or trial when a crime involves multiple locations or uncertainty about where it actually occurred. It ensures that no crime goes unpunished due to jurisdictional confusion and that courts can still take up cases even when the exact place of offence is unclear.
BNSS Section of 198 in Simple Points
1. Uncertain Place of Offence
When it’s not clear in which exact area the offence took place, BNSS Section 198 allows the trial to be held in any area that is reasonably connected to the case. This is helpful in complex crimes where the location isn’t easily determined due to lack of witnesses or digital evidence.
2. Crime Spread Across Two Areas
If the crime starts in one place and ends in another (for example, a kidnapping begins in City A and the victim is taken to City B), either City A or City B can be chosen as the place of trial. This gives courts flexibility to manage multi-location crimes efficiently.
3. Continuing Offences
Some crimes (like illegal confinement or ongoing online harassment) happen over time and across places. These are called continuing offences, and they can be tried in any local area where a part of the crime occurred, not just the starting point.
4. Offences Involving Multiple Acts in Different Places
Certain offences are made up of a series of criminal acts done in different areas (for example, a scam involving multiple bank transactions across states). In such cases, the trial can be held in any place where one of those acts occurred, avoiding procedural delays.
5. Legal Simplicity and Fair Trial
BNSS Section 198 is designed to prevent jurisdictional deadlocks and ensure that justice isn’t denied just because of location-related confusion. It empowers courts and investigators to proceed with the case from any valid jurisdictional link, ensuring both speed and fairness
Section 198 of BNSS Overview
BNSS Section 198 helps courts handle crimes where it’s difficult to say exactly where they happened. It covers offences that occur across multiple places or involve several acts in different areas. The section ensures that justice is not delayed due to location confusion. It’s useful in cases like cybercrime, fraud, and inter-state offences.
BNSS Section 198 – Place of Inquiry or Trial.
1. Jurisdiction in Uncertain Cases
When it’s unclear in which local area the offence happened, BNSS Section 198 allows the case to be tried in any court that has reasonable jurisdiction. This ensures legal action isn’t delayed just because the location is confusing or not well-documented. Crimes involving cyber fraud, anonymous threats, or mobile criminals often fall under this. By allowing flexibility, this provision ensures access to justice even in grey-area cases. It prevents criminals from escaping trial due to legal technicalities. The law prioritizes fairness over formality in such uncertain scenarios. It provides legal clarity when evidence doesn’t clearly point to one area.
2. Offences Committed in Multiple Areas
Sometimes, a crime starts in one place and ends in another. For instance, if a fraud begins with a phone call in one city and ends with a bank withdrawal in another, both places can claim jurisdiction. BNSS 198 allows courts in either location to handle the case. This is especially useful in crimes like trafficking, chain scams, and stalking. It empowers the legal system to take swift action from any relevant location. The focus is on ensuring the offender is prosecuted, not on which court handles the case. This approach supports justice without unnecessary delay.
3. Continuing Offences
Some offences are not completed in one moment or location—they continue over time and space. These include crimes like illegal detention, ongoing harassment, or prolonged domestic abuse. BNSS 198 treats such crimes as continuing offences. Courts in any area where part of the crime occurred can conduct the trial. This prevents loopholes where criminals move locations to avoid arrest. It also ensures that victims don’t suffer delays just because the crime happened in phases. The provision strengthens protection for those affected by persistent criminal acts.
4. Offences Involving Several Acts
In certain cases, a single offence consists of multiple illegal acts carried out in different locations. For example, a chain of forgeries across several cities or the use of multiple accounts for fraud. BNSS 198 ensures such crimes can be tried in any location where even one act occurred. This simplifies legal procedures in complicated investigations. It also avoids the need to transfer cases between courts, saving time and resources. The rule supports a consolidated trial that captures the entire chain of events. It brings clarity and efficiency to multi-location offences.
5. Digital and Electronic Offences
Modern crimes often use technology and are committed over the internet, making jurisdiction tricky. For example, a cybercrime can affect victims in multiple cities. BNSS 198 allows the case to be heard in any local area impacted by the digital act. It acknowledges the borderless nature of digital crime. Courts can proceed with trial in any affected jurisdiction without needing exact geolocation. This helps law enforcement act quickly in tech-based cases. The provision is a major step in modernizing legal processes.
6. Flexibility in Legal Proceedings
This section provides flexibility for courts to ensure that crimes are tried even if jurisdiction is not straightforward. Instead of getting stuck in procedural challenges, courts can focus on justice delivery. BNSS 198 empowers judicial officers to interpret location laws based on the facts of the case. It is especially useful when evidence is scattered or incomplete. The flexibility ensures trials are not delayed by unnecessary paperwork. It aligns legal practice with practical investigative needs.
7. Protecting Victims’ Rights
By enabling multiple courts to take up a case, BNSS 198 protects the rights of the victim. Victims don’t need to travel far to seek justice. They can file a complaint in a court that is closer to them, if the crime occurred partially there. This reduces both emotional and financial burdens. It’s especially beneficial in cases of sexual offences, domestic violence, or fraud. The law supports easy access to justice. Victim-centric policies like this build public trust in the judicial system.
8. Prevention of Legal Loopholes
Criminals often exploit jurisdiction issues to avoid prosecution. For instance, by shifting operations between locations or hiding behind technicalities. BNSS Section 198 closes such gaps by allowing courts in any linked area to try the case. This prevents manipulation of the legal system. It upholds the principle that crime should not go unpunished due to location confusion. The section acts as a strong legal weapon against complex and smart crimes. It strengthens national crime-fighting mechanisms.
9. Efficient Case Handling
From the administrative side, this provision allows quicker handling of cases by allowing the most appropriate or accessible court to begin trial. This reduces case backlog in overburdened jurisdictions. It also ensures that courts can share responsibility depending on where evidence and witnesses are available. As a result, trials become faster and more effective. BNSS 198 supports efficient and balanced distribution of caseload. It is a step toward faster and more responsive justice.
10. Legal Support for Multi-State Investigations
In crimes that affect more than one state (like drug trafficking, smuggling, or inter-state fraud), this section is extremely valuable. It enables courts in any involved state to take legal action. Investigating agencies also get legal support for cooperation across regions. BNSS 198 therefore enhances inter-agency coordination. It prevents situations where state boundaries interfere with justice. The law makes it easier for the nationwide legal system to act as one.
Example 1: Cyber Fraud Across States
A scammer in Delhi sends phishing emails to people in Mumbai and Bangalore. Victims lose money from their accounts. Since the offence spans multiple cities, under BNSS 198, the case can be tried in any city where the fraud took place, like Delhi, Mumbai, or Bangalore.
Example 2: Illegal Transport of Wildlife
A truck carrying illegally poached animals is stopped in Madhya Pradesh, but it started from Rajasthan and was headed to Maharashtra. Since the offence involves multiple locations, any of these three states’ courts can take up the trial under BNSS Section 198.
Section 198 of BNSS Short Information
| S.No. | Question | Explanation |
|---|---|---|
| 1. | What if we don’t know where exactly the crime happened? | The court in any possible area connected to the crime can start the case. |
| 2. | What if the crime happened in more than one place? | The case can be tried in any one of those places where the offence partly occurred. |
| 3. | Can a court handle crimes that happen during a journey? | Yes, the court in any location passed through during the offence can take up the trial. |
| 4. | Is BNSS 198 useful in cybercrime cases? | Definitely. Since victims can be in different places, any court linked to the offence can try it. |
| 5. | Does BNSS 198 make trials easier for victims? | Yes. Victims don’t have to travel far. They can file a case in any relevant area. |
Why BNSS Section 198 is Needed ?
BNSS Section 198 is crucial for handling cases where jurisdiction is unclear or spread across multiple places. In today’s world, crimes like cyber fraud, financial scams, human trafficking, and illegal transportation often involve more than one city, state, or even country. If courts strictly follow the rule of “crime must be tried only where it happened,” it can lead to confusion, delays, and even legal loopholes where criminals may escape punishment just because the location of the offence can’t be pinpointed.
BNSS 198 fixes this problem by allowing a case to be heard in any one of the areas connected to the crime. This saves time, reduces legal hurdles, and ensures that justice is not delayed due to jurisdictional confusion. It also simplifies law enforcement coordination between states and makes it easier for victims to file complaints locally.
BNSS Section 198 FAQs
BNSS 198
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