Section 207 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 207 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
207. Power to issue summons or warrant for offence committed beyond local jurisdiction.(
(1) When a Magistrate of the first class has reason to believe that a person within their local jurisdiction has committed an offense outside that jurisdiction (whether within or outside India) that cannot be inquired into or tried within such jurisdiction under sections 197 to 205 or any other law for the time being in force, but is triable in India under any law, the Magistrate may:(
Inquire into the offense as if it had been committed within their local jurisdiction.
Compel the person to appear before them.
Send the person to the Magistrate having jurisdiction to inquire into or try the offense.
If the offense is not punishable with death or imprisonment for life and the person is willing to give bail, take a bond or bail bond for their appearance before the appropriate Magistrate.)
(2) If there are multiple Magistrates with jurisdiction over the offense and the Magistrate acting under this section cannot determine to whom the person should be sent or bound to appear, the case shall be reported for the orders of the High Court.
Explanation:
Section 207 empowers a Magistrate of the first class to take cognizance of an offense committed outside their local jurisdiction, provided the offense is triable in India. This provision ensures that individuals who commit offenses beyond a Magistrate's jurisdiction can still be brought to justice within the Indian legal framework
Comparison with the Code of Criminal Procedure (CrPC):
| Provision | BNSS, Section 207 | CrPC, Section 187 |
|---|---|---|
| Jurisdiction | Allows inquiry into offenses committed outside local jurisdiction if triable in India. | Allows inquiry into offenses committed outside local jurisdiction if triable in India. |
| Magistrate's Role | Empowers a Magistrate of the first class to take cognizance. | Empowers a Magistrate of the first class to take cognizance. |
| Bail Provisions | Allows taking a bond or bail bond if the offense is not punishable with death or imprisonment for life. | Allows taking a bond or bail bond if the offense is not punishable with death or imprisonment for life. |
| Reporting to High Court | Requires reporting to the High Court if jurisdictional issues arise. | Requires reporting to the High Court if jurisdictional issues arise. |
Both provisions align in granting Magistrates the authority to handle offenses committed outside their jurisdiction, provided the offenses are triable in India.
Illustrative Example:
Scenario: Rajesh, a resident of Mumbai, is suspected of committing financial fraud in Dubai. Upon his return to Mumbai, the authorities wish to initiate proceedings against him.
Application of Section 207: A Magistrate in Mumbai, upon believing that Rajesh committed an offense in Dubai that is triable in India, may:(
Inquire into the offense as if it had been committed in Mumbai.
Compel Rajesh to appear before them.(
Send him to the appropriate Magistrate with jurisdiction over the offense
If the offense is not punishable with death or imprisonment for life and Rajesh is willing to provide bail, take a bond or bail bond for his appearance before the appropriate Magistrate
Conclusion:
Section 207 of the BNSS, 2023, facilitates the prosecution of offenses committed outside a Magistrate's local jurisdiction, ensuring that individuals cannot evade justice merely due to the location of their alleged offenses. This provision aligns with the principles of justice and accountability within the Indian legal system.
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