JURISDICTION OF THE MAGISTRATE COURT.

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JURISDICTION OF THE MAGISTRATE COURT.

Duncan Abeynayaka – LLB, Attorney At Law

 

JUDICATURE ACT 02 OF 1978

30. Every Magistrates Court shall have and exercise all powers and authorities and perform all duties which Magistrates' Courts are empowered and required to have, exercise and perform by virtue of the provisions of the Penal Code or of the law relating to criminal procedure or of any other enactment for the time being in force in any way empowering or requiring them in that behalf. For the purposes of this section "law relating to criminal procedure” shall mean the Code of Criminal Procedure Act.

 

CODE OF CRIMINAL PROCEDURE ACT NO 15 OF 1979

128

(1) Every offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction it was committed.

(2) Any Magistrate's Court within the local limits of the jurisdiction of which an accused may be or be found shall have jurisdiction respectively in all cases of offences otherwise within their respective jurisdictions which have been committed on the territorial waters of Sri Lanka.

(3) An offence committed on the territorial waters of Sri Lanka to which subsection (2) is not applicable or an offence committed on the high seas, or on board any ship or upon any aircraft may be tried or inquired into by the Magistrate's Court of Colombo if it otherwise has jurisdiction or on indictment by the High Court.

 

129. When a person is accused of the commission of any offence by reason of anything which has been done and of any consequence which has ensued, such offence may be inquired into or tried by any court within the local limits of the jurisdiction of which any such thing has been done or any such consequence has ensued.

 

130. When an act is an offence by reason of the relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a court within the local limits of the jurisdiction of which either act was done.

 

131.

(1) The offence of having escaped from custody may be tried either by the court within the local limits of whose jurisdiction the person charged is or by the court within the local limits of whose jurisdiction the offence was committed.

(2) The offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried either by the court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received by the accused person or by the court within the local limits of whose jurisdiction the offence was committed.

(3) The offence of stealing anything may be inquired into or tried by any court within the local limits of whose jurisdiction such thing was stolen or was possessed by the thief or by any person who receives or retains the same knowing or having reason to believe it to be stolen.

 

132.

(1)

(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 an offence consists of several acts done in different local areas; or

(e) where in the course of the same transaction different offences are committed in different local areas,

such offence or offences may be inquired into or tried by a court having jurisdiction over any one of such local areas.

(2) An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that Journey or voyage.

(3) All offences against the provisions of any law for the time being in force relating to railways, telecommunications, the post office, or arms and ammunition may be inquired into or tried by any court, whether the offence is stated to have been committed within the local limits of the jurisdiction of such court or not, provided that the offender is found within such local jurisdiction.

 

133. Whenever any doubt is entertained by a Magistrate as to the Magistrate's Court by which any offence should be inquired into, such Magistrate may embody the ascertained facts in the form of a case and transmit the same to the Attorney-General for his opinion, and the Attorney-General shall thereupon decide in which court the offence shall be inquired into and such court shall thereupon have jurisdiction to inquire into such offence

 

134. Any sentence or order of any criminal court in the trial of an offence shall not be liable to be set aside merely on the ground that the inquiry into the commission of the offence to which the sentence or order relates was made by a Magistrate's Court not empowered under this Chapter so to do.

DECIDED JUDGEMENTS

01. R.V.Lakshmi (1901) 24 P.R.72

That the use of the word ordinarily together with section 23, show the venue is not a question of jurisdiction in the true sense of the word, and that wrong venue does not necessarily invalidate the proceedings. 128(1)

02. SINNAPPU v. SILVA. 20 NLR 347

The accused, who were fishermen of Kalutara, were charged with having committed robbery of fish worth Rs. 4 from other fishermen who went out to sea in katumarams from Kalutara. This took place at a part of the sea which was beyond the limits of the territorial waters of Ceylon.

Held, that the Police Court of Kalutara had jurisdiction. 128(2)

03. PARAMALINGAM V. ATTORNEY-GENERAL 63 NLR 202

In an application under the proviso to section 43 of the Courts Ordinance for the re-transfer to the Magistrate’s Court, Kayts, of a case the trial of which the Attorney-General, acting under the main provisions of that section, had by his fiat transferred to the Magistrate’s Court, Colombo.

Held, (i) that the expression “any party considering himself aggrieved ” in the proviso to section 43 of the Courts Ordinance is not restricted to a party on record, that is to say, either the accused or the person who is formally the complainant. Accordingly, where the Police have filed a prosecution on a complaint made by a person, the latter (though not a party on the record) is a party within the meaning of the proviso and is entitled to move the Supreme Court for the re-transfer of the case.

(ii) that a re-transfer would be ordered by the Supreme Court if the Attorney General adopts an attitude of silence in regard to the reasons that moved him to issue his fiat. 128(2)

04. AMIRTHALINGAM V. THE ATTORNEY GENERAL 66 NLR 407

Where, in an application for the re-transfer of a criminal case transferred from one court to another under the provisions of section 43 of the Courts Ordinance, affidavits are filed by the Attorney General showing cause against the motion, the petitioner is entitled to file counter-affidavits. 128(2)

05. THE KING VS PERERA 19 NLR 310

The accused wrote a threatening letter address to X at Batuwatta and posted it at polgahawela. Batuwatta  was within the jurisdiction of the district court Kegalle  where as polgahawela was outside the jurisdiction of the court. The charge against the accused was that "he did at Batuwatta" within the jurisdiction of the district court of Kegalle, commit the offence of criminal intimidation. The judge refused to hear the case, holding that he has no jurisdiction to do so as the letter was posted at polgahawela, held, that the order was pre mature. (129)

06. KING VS SENGINA 8 NLR 102

The mere fact that an Itinerating Police Magistrate having jurisdiction over parts of two judicial districts entertained, while holding Court in one district, a complaint of an offence committed in another district over which he has jurisdiction, will not render his order that the accused should be committed for trial liable to be set aside, unless the irregularity has occasioned a failure of justice as provided in sections 146 and 423 of the Criminal Procedure Code. (134)

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