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april 1961

Supreme Court of India · 1961-04-19

PURUSHOTTAM DAS DALMIA vs THE STATE OF WEST BENGAL

Citation / case number
SC 1959/83
Court
Supreme Court of India
Petitioner
PURUSHOTTAM DAS DALMIA
Respondent
THE STATE OF WEST BENGAL
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that under Sections 177 and 239 of the Code of Criminal Procedure, 1898, a court with jurisdiction to try a criminal conspiracy can also try all overt acts committed in pursuance of that conspiracy, even if those acts occurred outside its territorial jurisdiction. The Court overruled the precedent set in Jiban Banerjee v. State, A.I.R. 1959 Cal. 500, affirming that the trial's territorial jurisdiction is not absolute and allows for the joint trial of related offences. The appeal was dismissed, affirming the conviction under Sections 120B, 466, and 471 of the Indian Penal Code.

PURUSHOTTAM DAS DALMIA vs THE STATE OF WEST BENGAL · Niyam