Law: Code of Criminal Procedure, 1898

Section: 435, 439

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 & 439--Criminal revision--Cognizance of offence--Power of Court--A Special Judge can only take cognizance of any offence committed or deemed to have been committed within such territorial limits--This provision is followed by Section 6, which stipulates that provisions of Code shall apply to all proceedings under Act of 1958, with some exceptions that are detailed therein--The provision of Section 6 supra starts with a non-obstante clause and thereby shows intent of Legislature that it shall have an overriding effect on provisions of Code, therefore, to extent of exceptions detailed therein, or in case of a conflict between provisions of Act of 1958 and Code, Act of 1958 will override provisions of Code--The Code, in its Section 177, states, and thereby commands a similar spirit to Section 4 of Act of 1958, providing that ordinarily every offence shall be inquired into and tried by a Court within local limits of whose jurisdiction offence was committed.                        [P. 627] B 2023 SCMR 1407; 2022 SCMR 356 and 1986 (4) SC (Cases 447). Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 & 439--Criminal revision--Territorial jurisdiction--If a Court lacks territorial jurisdiction over a matter, then it cannot ordinarily proceed with a case since it is not vested with legal authority or power to hear and adjudicate on matter and decide same.                                                  [P. 628] C Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 & 439--Criminal revision--Cognizance of offence--Territorial jurisdiction--There is no cavil to proposition of statutory interpretation that laws are to be construed as a harmonious whole, so that no provision thereof is rendered redundant--There is no dispute qua place of…