What are the various Types of Jurisdiction in Criminal Cases

What is Jurisdiction : Jurisdiction is the official power of a Particular court or Judge or Authority to make legal decisions and judgments. Jurisdiction is determined by many factors.

It may be Territorial or may be based on the subject-matter, it may be pecuniary etc. It is all about the power of a Judicial officer, court etc to try a particular suit, appeal etc.

[Also Read : How Jurisdiction of Courts in Criminal cases is determined in India]

Types of Jurisdiction.

1. Jurisdiction as to Territorial Extent - In every state there are various civil and criminal courts. Every court exercises its Jurisdiction over some area, However, small or Big it may be.

The High Court of that state exercise Territorial Jurisdiction over all the state and District courts, exercise Territorial Jurisdiction over the district and cannot exercise it beyond that district. 

The basic rule regarding the place of Inquiry and Trial is that "Every Offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed." - Section 177 CrPC.

Other points related to Territorial Jurisdiction.

• Jurisdiction is generally determined by averments made in the Complaint or Police Report.(Charge Sheet).

• If a Question of Jurisdiction is raised, Trial can commence only after settlement of such Question.

• Territorial Jurisdiction is determined in accordance with the rules contained in Sections 177 to 188 CrPC.

2. Power of the court to try particular kinds of offences -Jurisdiction is decided either by Territorial extent or by the power of the court to try particular kinds of offences. for e.g. Section 302 specifically mentions that it is triable by court of session only.

Other important Points.

• If a court is not empowered to try a particular offence does try that offence, the entire trial shall be void.

3. Jurisdiction as to Subject Matter - Various specific courts are entrusted with specific powers, i.e. Civil cases can be tried by civil courts only, just like criminal cases can be tried in criminal courts only. Likewise, Matters which are related to revenue are tried by Revenue courts or Revenue officers. 

Not just this we have Consumer Forums, Tax Tribunals, Family courts, etc which deals with different cases respectively.

4. Appellate Jurisdiction - Appellate Jurisdiction is exercised by upper courts over subordinate courts respectively. 

For e.g. Supreme Court the Apex Court in India exercises Appellate Jurisdiction over all the High courts and other subordinate courts in India, likewise High courts of particular states  exercise appellate jurisdiction over other subordinate courts in that particular state.

when a particular case is finally disposed off, it's appeal can be filed before the appellate court and their the same case is decided on merits on the basis of same facts.

Other points related to Appellate Jurisdiction.

• A person aggrieved or not satisfied with a decision of a lower court can with the help of appellate jurisdiction, appeal to various upper courts in accordance with the law of the land.

5. Revisional jurisdiction - It is a kind of supervisory jurisdiction that enables superior courts to keep a check over subordinate courts. for e.g Any irregularity, Misconception of law, etc.

For e.g. when an application under Order 7 Rule 11 is dismissed, Revision can be filed before High Court against such order.