Section 207 BNSS: Power to issue summons or warrant for offence committed beyond local jurisdiction (Formerly Section 187 CrPC)

Section 207 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to issue summons or warrant for offence committed beyond local jurisdiction

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 197 to 205 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under any law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond or bail bond for his appearance before the Magistrate having such jurisdiction.

(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 207

Section 207 empowers a Magistrate of the first class to inquire into an offence committed beyond the local limits of their jurisdiction, if they have reason to believe that the offender is within their local limits.

Offence Beyond Jurisdiction: Crime committed outside the Magistrate's territorial limits.
Offender Present Within Limits: Accused person is physically found within the Magistrate's local limits.
Inquiry & Magisterial Transfer: Magistrate may issue summons or warrant and forward the accused to the Magistrate having territorial trial jurisdiction.

Key Landmark Precedents:

State of M.P. v. Suresh Kaushal (2003) 11 SCC 126: Held that Section 187 CrPC (Section 207 BNSS) ensures that fleeing felons can be arrested and processed by the nearest magistrate before transfer to the trial forum.
Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) 9 SCC 791: Reaffirmed the magisterial duty to verify identity before ordering inter-district transmission.

Courtroom Practice & Strategic Litigation Guidance:

If a client is apprehended in your district for an out-of-district crime, appear before the local Magistrate under Section 207 to seek bail pending transfer, rather than allowing immediate police transit.