(1)Notwithstanding anything contained in the Code of Criminal Procedure, 1898, a Nyaya Panchayat constituted under section 70 shall have jurisdiction, within the local limits of the Anchal Panchayat constituting such Nyaya Panchayat to try all offences specified in Schedule III, Part A; and, with effect from the date specified in the notification referred to in sub-section (3) of section 70, no other court shall, except as otherwise provided in this Act, take cognizance of any case triable by a Nyaya Panchayat:Provided that nothing in this Act shah take away the jurisdiction of any court to try a case which a Nyaya Panchayat is prohibited by section 97 from trying or which should be, in the opinion of the Nyaya Panchayat or of the District Magistrate or the Subdivisional Magistrate exercising the power conferred by sub-section (1) of section 98, tried in an ordinary court.(2)A Nyaya Panchayat may try any offence specified in Schedule III, Part B, if the case is transferred to it by a District Magistrate, Subdivisional Magistrate or any other Magistrate emplowered to receive petitions under section 190 of the Code of Criminal Procedure, 1898 :Provided as follows:-(a)a Magistrate before whom a complaint of an offence mentioned in Schedule III, Part A, cognizable by a Nyaya Panchayat is made shall transfer the complaint to the Nyaya Panchayat which is competent to try the offence;(b)the District Magistrate or Subdivisional Magistrate may transfer any case from one Nyaya Panchayat to another or to any other court subordinate to him if in the interest of justice he considers it necessary to do so;(c)the District Magistrate or Subdivisional Magistrate may, with the consent of the parties, transfer any case cognizable by a Nyaya Panchayat, if the place of residence of the complainant is situated within the limits of an Anchal Panchayat for which there is no Nyaya Panchayat to any Nyaya Panchayat situated at a distance from such place of residence convenient, in the opinion of the Magistrate, for the parties and witnesses.(3)Every offence triable by a Nyaya Panchayat shall ordinarily be tried by the Nyaya Panchayat within the local limits of whose jurisdiction it was committed.(4)The offence of theft triable by a Nyaya Panchayat or any offence which includes theft or the possession of stolen property, triable by a Nyaya Panchayat, may be tried by the Nyaya Panchayat within the local limits of whose jurisdiction such offence was committed or the property stolen was possessed by the thief or by any person who received or retained the same knowing or having reason to believe it to be stolen.(5)An offence triable by a Nyaya Panchayat, committed whilst the offender is in the course of performing a journey may be tried by the Nyaya Panchayat 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.(6)When it is uncertain in which of several areas an offence was committed, or where an offence is committed partly in one local area and partly in another, or where an offence is a continuing one and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas, it may be tried by a Nyaya Panchayat having jurisdiction over any such local areas.(7)(a)Whenever a question arises as to which of two or more Nyaya Panchayats subordinate to the same Subdivisional Magistrate ought to try any offence, it shall be decided by the Subdivisional Magistrate.(b)Whenever a question arises as to which of two or more Nyaya Panchayats not subordinate to the same Subdivisional Magistrate, but subordinate to the same District Magistrate, ought to try any offence, it shall be decided by the District Magistrate.(c)Where two or more Nyaya Panchayats not subordinate to the same District Magistrate have taken cognizance of the same offence, the District Magistrate within the local limits of whose jurisdiction the proceedings were first commenced may direct the trial of such offender to be held in any Nyaya Panchayat subordinate to him and if he so decides all other proceedings against such person in respect of such offence shall be discontinued.
