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A woman sold a girl under eighteen to a prostitute in city P. The girl was later taken to city M, where…

Section 197 of the BNSS makes the place where an offence was committed the ordinary venue. The sale under Section 98 of the Bharatiya Nyaya Sanhita, 2023 was completed in…

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A woman sold a girl under eighteen to a prostitute in city P. The girl was later taken to city M, where the sale was discovered. On these facts, where may the sale offence under Section 98 of the Bharatiya Nyaya Sanhita, 2023 be tried?

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Answer and explanation

Correct answer C

Section 197 of the BNSS makes the place where an offence was committed the ordinary venue. The sale under Section 98 of the Bharatiya Nyaya Sanhita, 2023 was completed in city P. Explanation 1 to Section 98 supplies a rebuttable presumption about the seller's intent when a girl under eighteen is sold to a prostitute. The girl's later relocation and the discovery in city M do not make city M a venue for this completed sale. Section 201(2) of the BNSS applies a different rule to kidnapping or abduction.

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Option A

Incorrect. There is no allegation of an act constituting the sale in city M, and discovery there does not supply a second venue.

Option B

Incorrect. City M is the place of discovery. The sale itself occurred in city P.

Option C

Correct. On these facts the sale was completed in city P, which is the ordinary venue under Section 197.

Option D

Incorrect. The ordinary statutory venue applies on these facts without a direction from the High Court.

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