Sushant Singh was found to be dead in Mumbai. But after 1.5 months his dad filed an FIR in Patna now Mumbai police is asking to transfer the FIR in mumbai and let mumbai police investigate this issue. I want to know who has the jurisdiction in this case?

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    Please explain what is FIR? – Trish Aug 3 '20 at 16:43
  • @Trish FIR is First Information Report – AriKari Aug 3 '20 at 18:04

Under the Code of Criminal Procedure §177, "Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed", so if the alleged murder took place in Mumbai, the Maharashtra district court has jurisdiction. OTOH if it took place in Patna then the Bihar court has jurisdiction. Nobody seems to allege that the death took place in Bihar. §174 which pertains to suicides (the official finding) indicates that the state government may investigate if "there is any doubt regarding the cause of death", but the available information gives no evidence whatsoever that cause of death is in doubt. However, the media indicates that the FIR alleges other acts which could have taken place not in Mumbai. Without that FIR, it's pointless to speculate what legal role Bihar might have in the case. Per §178, when there is uncertainty as to where the acts took place or when the act took place in multiple jurisdictions, the matter can be investigated or tried by any of the jurisdictions. The bureaucracy for transfer of investigation as opposed to trial is completely unclear.

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