Objection as to the lack of territorial jurisdiction of the criminal court ........

Code of Criminal Procedure (CrPC) 1973 Trials

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Objection as to the lack of territorial jurisdiction of the criminal court:

Can be taken before or at the time of commencement of trial

Can be taken at any time after the commencement of trial

Can be taken in appeal for the firs time

All the above.

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Explanation:

At is a fundamental rule that a decree of a court without jurisdiction is a nullity. This however does not apply to territorial or pecuniary' jurisdiction, in as much as objections to such jurisdiction are regarded by the Code as merely technical and, unless raised at the earliest possible opportunity, they will not be entertained in appeal or revision for the first time. Under Section 21 (V no objection as to the place of suing will be allowed by the appellate or revisional court unless the following three conditions are satisfied:

(i) The objection' was taken in the court of first instance

(ii) It was taken at the earliest possible opportunity and in cases where issues are settled at or before settlement Of issues are settled or before settlement of issues; and

(iii) There has been a consequent failure of justice. All the three conditions must co-exist. The reason is obvious, neither consent, nor waiver nor acquiescence can confer jurisdiction upon a court otherwise incompetent to try suit.