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BNSS, 2023
Start Practicing
BNSSChapter XIVSection 207
Section207

Power to issue summons or warrant for offence committed beyond local jurisdiction

AI Assist

Summary

A first-class Magistrate who believes a person within his area committed an offence outside that area may treat the offence as if it occurred locally to summon, arrest or compel the person to appear. He can send the person to the Magistrate who has jurisdiction to try the case, or, if the offence is not punishable with death or life imprisonment and the person is willing, take a bail bond for appearance. If several Magistrates share jurisdiction and he cannot decide which one should get the person, he must report the matter to the High Court.

Example

Rohan lives in Delhi and is accused of cheating a buyer in Bangalore. The first-class Magistrate in Delhi believes Rohan committed the offence in Bangalore. Because the offence is triable in India and not punishable with death or life imprisonment, the Delhi Magistrate can take a bail bond from Rohan for his appearance before the Bangalore Magistrate.

Bare Act

Enacted text

(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.

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XIV

Chapter XIV

Jurisdiction of The Criminal Courts in Inquiries and Trials

In this chapter

  • 197Ordinary place of inquiry and trial
  • 198Place of inquiry or trial
  • 199Offence triable where act is done or consequence ensues
  • 200Place of trial where act is an offence by reason of relation to other offence
  • 201Place of trial in case of certain offences
  • 202Offences committed by means of electronic communications, letters, etc
  • 203Offence committed on journey or voyage
  • 204Place of trial for offences triable together
  • 205Power to order cases to be tried in different sessions divisions
  • 206High Court to decide, in case of doubt, district where inquiry or trial shall take place
  • 207Power to issue summons or warrant for offence committed beyond local jurisdiction
  • 208Offence committed outside India
  • 209Receipt of Evidence relating to offences committed outside India
Previous · Section 206High Court to decide, in case of doubt, district where inquiry or trial shall take placeNext · Section 208Offence committed outside India