This article is written by Gauri Gupta, Second year student at Faculty of Law, University of Delhi.
The justice system in India is organized hierarchically, featuring multiple courts and tribunals with distinct levels of jurisdiction. A thorough comprehension of the local jurisdictions associated with the court and police is crucial to ensure seamless and efficient legal procedures. To shed light on the aforementioned topic, this article will present an outline of the local jurisdictions linked to the court and police, paying special attention to Section 16 of the Code of Civil Procedure, 1908, which outlines the jurisdiction of civil case courts.
Jurisdiction of Courts in Civil Cases:
Section 16 of the Code of Civil Procedure, 1908 provides for the jurisdiction of courts in civil cases. It lays down the following rules:
- The court within the local limits of whose jurisdiction the property in dispute is situated shall have jurisdiction to try the suit.
- If the suit is for immovable property, then the court within the local limits of whose jurisdiction the property is situated shall have jurisdiction to try the suit.
- If the suit is for money or other movable property, then the court within the local limits of whose jurisdiction the defendant resides or carries on business, or where the cause of action arises, shall have jurisdiction to try the suit.
- If the suit is for compensation for wrong or injury done to the person or to movable property, then the court within the local limits of whose jurisdiction the person resides, or where the wrong was done, or where the injury was caused, shall have jurisdiction to try the suit.
- If the suit is for a declaratory decree or an injunction, then the court within the local limits of whose jurisdiction the defendant resides or carries on business, or where the cause of action arises, shall have jurisdiction to try the suit.
It is important to bear in mind that there are a few limitations and exceptions to the rules of Section 16. For instance, the parties to a lawsuit can consent to submitting to the jurisdiction of a court that has no local authority. In addition, if it serves the interests of justice, the court may transfer a case to another court.
In addition, the court’s jurisdiction is established by the value of the subject matter in circumstances when it exceeds a certain threshold. For instance, the District Court has jurisdiction if the lawsuit’s issue is worth Rs. 20 lakhs or more. Depending on the value of the subject matter, the Civil Judge (Senior Division) or the Civil Judge (Junior Division) has jurisdiction if the suit’s subject matter is valued less than Rs. 20 lakhs.
The “forum conveniens” principle may also be used to assess the court’s jurisdiction in situations when there are many defendants or causes of action. This implies that the court will select which court should have jurisdiction based on whatever court is most convenient for all parties engaged in the matter.
Police jurisdiction:
The limits of the police station’s local jurisdiction are what define police authority in India. Each police station has a defined area of authority over which it may perform its functions. In addition to conducting investigations into crimes and making arrests of suspects, the police station is in charge of upholding law and order in its area of responsibility.
The police can still investigate a crime that has been committed outside of their station’s jurisdiction, but they must transfer the case to the station whose jurisdiction the crime was committed. Also, a senior police officer or the court may be consulted where there is a disagreement between two police stations about jurisdiction for resolution.
Conclusion:
In conclusion, local court and police jurisdictions are vitally important to the administration of justice in India. In accordance with precise guidelines, Section 16 of the Code of Civil Procedure, 1908, establishes the jurisdiction of courts in civil matters. The municipal bounds of the police station, on the other hand, define the police jurisdiction. Each police station has a defined area of authority over which it may perform its functions.
It is significant to remember that there are restrictions and limitations on the local authorities of the court and police. For instance, in a civil dispute, the parties may agree to submit to the jurisdiction of a court that is located outside of the area of its usual authority. Additionally, the court may transfer a suit to another court if it is in the interest of justice to do so.
The police can still investigate a crime that has been committed outside of their station’s jurisdiction, but they must transfer the case to the station whose jurisdiction the crime was committed.
Overall, recognising the local jurisdictions of the court and police is critical for anybody participating in the legal system, whether attorneys, judges, or people.
References:
- Code of Civil Procedure, 1908
- The Indian Police Act, 1861
- Police Manual of the respective state
- “Understanding Jurisdiction in Civil Cases in India” by Namit Saxena, Live Law, available at: https://www.livelaw.in/columns/understanding-jurisdiction-in-civil-cases-in-india-173933
- “Police Jurisdiction and Territorial Jurisdiction in India” by Ritika Banerjee, iPleaders Blog, available at: https://blog.ipleaders.in/police-jurisdiction-territorial-jurisdiction-india/