Offence taking places at several places, where to file FIR?

Tilak Marg Forum for Legal Questions Forums Criminal Law Offence taking places at several places, where to file FIR?

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    • #1679
      Anonymous
      Guest

      I want to file FIR under Section 498-A against my husband and his parents. But, this offence has taken places over two years at different places. Initially, this offence occurred at Jaipur where I resided in the house of may in-laws. Then, I shifted to Delhi for a short time where my husband took me there when he went for training. Then, he was posted in Lucknow on transfer. At all these places, the harassment and torture took place against me. Do I have to file multiple FIRs at all these places? Or, I have to file a single FIR? IF a single FIR, then where should it be filed?

    • #1682

      Your case is covered within the provisions of Section 178 of the Criminal Procedure Code since it consists of several acts done in different local areas. In such a situation, the FIR can be lodged in any one of the areas where the offence has taken place, i.e., where any of these several acts has taken place. In particular, in your case, the FIR can be lodged either at Jaipur or Delhi or Lucknow.

      It is advisable to file only one FIR at any of these places, instead of filing multiple FIRs at various locations as above. This single FIR can take care of all these acts.

      Section 178 of the Cr.P.C. is reproduced below:

      178. Place of inquiry or trial.— (a) When it is uncertain in which of several local areas an offence was committed, or

      (b) where an offence is committed partly in one local area and partly in another, or

      (c) where an offence is a continuing one, and continues to be committed in more local areas than one, or

      (d) where it consists of several acts done in different local areas,

      it may be inquired into or tried by a Court having jurisdiction over any of such local areas.”

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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