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Bharatiya Nagarik Suraksha Sanhita

Section 207

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

Quick Answer Reference: Section 207 BNSS

  • Provision: Section 207 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
  • Jurisdiction: India
  • Summary: This section allows a Magistrate to investigate an offence committed outside their local jurisdiction if it can be tried in India. The Magistrate can summon or warrant the person and send them to the appropriate court.
Statutory Content

What does Section 207 of BNSS say?

(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.

Indian StandardSection 207, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 207 (India)
Court Pleading StandardSection 207 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/207

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose

What does Section 207 of BNSS mean?

Plain English Explanation

This section allows a Magistrate to investigate an offence committed outside their local jurisdiction if it can be tried in India. The Magistrate can summon or warrant the person and send them to the appropriate court.

Practical Interpretation

In practice, this section enables Magistrates to handle cases where the offence occurred outside their area but can still be tried in India, ensuring that justice is served without jurisdictional limitations.

Core Legal Purpose

The core purpose is to facilitate the investigation and trial of offences committed beyond local jurisdiction, ensuring that such offences do not go unpunished due to jurisdictional constraints.

Key Legal Elements
  • The offence must have been committed outside the local jurisdiction of the Magistrate.
  • The offence must be triable in India under any law for the time being in force.
  • The Magistrate must have reason to believe that the person within their local jurisdiction has committed the offence.
  • If the offence is not punishable with death or imprisonment for life, the person can be released on bail to appear before the appropriate Magistrate.
Practical Example

Practical Example of Section 207 BNSS

Rajesh, a resident of Mumbai, commits a fraud in Delhi. The Mumbai Magistrate, having reason to believe Rajesh's involvement, can inquire into the offence and send Rajesh to the Delhi court, which has jurisdiction to try the case. If the offence is bailable, Rajesh can be released on bail to appear in Delhi.

Common Questions (FAQ)

Frequently Asked Questions about Section 207 BNSS

Q: What is the punishment or consequence under Section 207 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It deals with the process of handling offences committed beyond local jurisdiction.

Q: Does this section apply to private individuals or public entities?

This section applies to any person within the local jurisdiction of the Magistrate who has committed an offence outside that jurisdiction, regardless of whether they are a private individual or a public entity.

Q: Is an offence under this section bailable or cognizable?

The bailability of the offence depends on the nature of the offence itself, as stated in the section. If the offence is not punishable with death or imprisonment for life, the person can be released on bail.

People Also Ask (PAA)

Common Questions about Section 207 BNSS

What is Section 207 of BNSS?

Section 207 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to issue summons or warrant for offence committed beyond local jurisdiction". In plain terms: This section allows a Magistrate to investigate an offence committed outside their local jurisdiction if it can be tried in India. The Magistrate can summon or warrant the person and send them to the appropriate court.

What is the punishment under Section 207 of BNSS?

Section 207 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 207 of BNSS bailable or non-bailable?

Whether Section 207 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 207 of BNSS?

The essential elements of Section 207 of BNSS are: The offence must have been committed outside the local jurisdiction of the Magistrate.; The offence must be triable in India under any law for the time being in force.; The Magistrate must have reason to believe that the person within their local jurisdiction has committed the offence..

Landmark Case Laws

Landmark Judgments under Section 207 BNSS

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

2014 8 SCC 273

Supreme Court of India