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A person in Pakistan fires a shot across the border. The bullet strikes and kills a person in an Indian…

Section 199 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits trial where the act was done or where its legally relevant consequence ensued. The death occurred in the…

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A person in Pakistan fires a shot across the border. The bullet strikes and kills a person in an Indian district. Assume the prosecution alleges murder and the accused is lawfully before the court. On what basis may the competent Indian court for that district try the charge?

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Answer and explanation

Correct answer B

Section 199 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits trial where the act was done or where its legally relevant consequence ensued.

The death occurred in the Indian district, so the competent court there has territorial venue for the alleged murder.

Option feedback

Option A

Section 199 also gives jurisdiction to a competent court where the consequence ensues.

Option B

The death is the consequence that forms part of the alleged offence and occurred in the district.

Option C

Territorial jurisdiction does not depend on the accused being an Indian citizen.

Option D

Section 199 permits trial at the place of the act or of the relevant consequence. Both need not occur in India for the district’s venue to follow on these facts.

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