Introduction
Section 207 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of a Magistrate to issue a summons or warrant against a person who is within the Magistrate’s local jurisdiction but is alleged to have committed an offence outside that jurisdiction.
The provision is designed to ensure that a person cannot avoid criminal process merely because the alleged offence was committed beyond the territorial jurisdiction of the Magistrate who is dealing with the person.
Meaning of Section 207
Section 207 applies where a Magistrate has reason to believe that a person who is within the Magistrate’s local jurisdiction has committed an offence outside that jurisdiction.
Where the offence cannot be inquired into or tried within the Magistrate’s local jurisdiction, the Magistrate may issue the appropriate process to secure the person’s appearance before the competent Court.
The nature of the process depends upon the punishment prescribed for the offence.
Statutory Basis
Section 207 provides two principal situations:
- Where the offence is not punishable with death or imprisonment for life, the Magistrate may issue a summons requiring the person to appear before the Magistrate.
- Where the offence is punishable with death or imprisonment for life, the Magistrate may issue a warrant for the person’s arrest.
The provision therefore creates a procedural mechanism for dealing with persons found within the Magistrate’s jurisdiction even though the alleged offence falls outside that territorial jurisdiction.
Object and Purpose
The purpose of Section 207 is to facilitate the initiation of criminal process where the alleged offence was committed outside the local jurisdiction of the Magistrate.
It prevents territorial jurisdiction from becoming an obstacle to securing the presence of an accused person before the Court competent to deal with the offence.
The provision also distinguishes between less serious offences and offences carrying the most severe punishments by prescribing different forms of process.
Essential Elements
1. The Person Must Be Within the Magistrate’s Local Jurisdiction
The person against whom the process is issued must be within the local jurisdiction of the Magistrate.
This is the starting point for exercising the power under Section 207.
2. The Offence Must Have Been Committed Outside the Local Jurisdiction
The Magistrate must have reason to believe that the person has committed an offence outside the Magistrate’s local jurisdiction.
The provision therefore specifically addresses offences committed beyond the territorial limits of the Magistrate’s ordinary jurisdiction.
3. The Offence Cannot Be Inquired Into or Tried Within That Jurisdiction
The offence must be one which cannot be inquired into or tried within the local jurisdiction of the Magistrate.
The provision consequently recognises that the ultimate inquiry or trial may have to take place before a Court having territorial jurisdiction over the offence.
4. Magistrate Must Have Reason to Believe That the Person Committed the Offence
The power is not automatic.
The Magistrate must have reason to believe that the person has committed the offence outside the local jurisdiction.
5. Nature of the Offence Determines the Process
The form of process depends upon the punishment prescribed for the offence.
For an offence not punishable with death or imprisonment for life, the Magistrate may issue a summons.
For an offence punishable with death or imprisonment for life, the Magistrate may issue a warrant.
Power to Issue Summons
Where the offence is not punishable with death or imprisonment for life, the Magistrate may issue a summons requiring the person to appear before the Magistrate.
The summons serves to secure the person’s appearance without immediately resorting to arrest.
Power to Issue Warrant
Where the offence is punishable with death or imprisonment for life, the Magistrate may issue a warrant for the person’s arrest.
The greater coercive power reflects the serious nature of the offence involved.
Procedure
The operation of Section 207 may be understood in the following sequence:
- A person is found within the local jurisdiction of a Magistrate.
- The Magistrate has reason to believe that the person committed an offence outside that jurisdiction.
- The offence cannot be inquired into or tried within the Magistrate’s local jurisdiction.
- The Magistrate determines the punishment prescribed for the alleged offence.
- If the offence is not punishable with death or imprisonment for life, a summons may be issued.
- If the offence is punishable with death or imprisonment for life, a warrant may be issued.
- The person is thereby brought within the criminal process for proceedings before the Court having jurisdiction over the offence.
Example
A person is residing in District A. The Magistrate in District A receives information giving reason to believe that the person committed an offence in District B.
If the offence is not punishable with death or imprisonment for life, the Magistrate may issue a summons requiring the person to appear.
If the offence carries punishment of death or imprisonment for life, the Magistrate may issue a warrant in accordance with Section 207.
The ultimate inquiry or trial would be conducted by the Court having jurisdiction over the offence.
Important Distinctions
Section 207 and Ordinary Territorial Jurisdiction
Ordinarily, criminal proceedings are connected with the place where the offence was committed.
Section 207 addresses a different situation: the alleged offender is found within one jurisdiction even though the offence was committed outside that jurisdiction.
Summons and Warrant
A summons directs a person to appear before the Court.
A warrant authorises the arrest of the person in accordance with its terms.
Section 207 differentiates between them primarily on the basis of the punishment prescribed for the offence.
Section 207 and Section 206
Section 206 deals with situations where two or more Courts have taken cognizance of the same offence and a question arises regarding which Court should conduct the inquiry or trial.
Section 207 deals with the issuance of summons or warrant against a person who is within the Magistrate’s jurisdiction but is alleged to have committed an offence outside that jurisdiction.
Section 207 and Transfer of Cases
Section 207 does not transfer a criminal case from one Court to another.
It provides a mechanism for issuing process against a person found within the Magistrate’s jurisdiction in relation to an offence committed outside that jurisdiction.
BNSS and CrPC
Section 207 of BNSS broadly corresponds to Section 187 of the Code of Criminal Procedure, 1973.
The underlying principle has been substantially retained: a Magistrate may issue the appropriate process against a person within the Magistrate’s local jurisdiction who is believed to have committed an offence outside that jurisdiction and which cannot be tried locally.
The BNSS provision therefore continues the earlier territorial-jurisdiction mechanism with corresponding changes in statutory numbering.
Relationship with BNS and BSA
The Bharatiya Nyaya Sanhita, 2023 (BNS) determines the substantive offence and its prescribed punishment.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the procedural mechanism for issuing summons or warrants.
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the evidentiary aspects of proving the alleged offence.
Section 207 therefore operates primarily as a procedural provision connecting territorial jurisdiction with the issuance of criminal process.
Important BNSS Provisions
- Section 197: Ordinary place of inquiry and trial.
- Section 198: Place of inquiry or trial.
- Section 199: Offence triable where act is done or consequence ensues.
- Section 200: Offence by reason of relation to other offence.
- Section 201: Place of trial in case of certain offences.
- Section 202: Offences committed by means of electronic communications, letters, etc.
- Section 203: Offence committed on journey or voyage.
- Section 204: Place of trial for offences triable together.
- Section 205: Power to order cases to be tried in different Sessions divisions.
- Section 206: High Court to decide, in case of doubt, district where inquiry or trial shall take place.
- Section 207: Power to issue summons or warrant for offence committed beyond local jurisdiction.
Common Confusions
Can a Magistrate issue process even though the offence was committed outside the Magistrate’s jurisdiction?
Yes, subject to Section 207.
The provision specifically deals with situations where the person is within the Magistrate’s local jurisdiction but the alleged offence was committed outside it.
Does Section 207 mean that the Magistrate can conduct the entire trial?
No.
The provision concerns the issuance of summons or warrant. The offence may ultimately be inquired into or tried by the Court having territorial jurisdiction over the offence.
Is a summons issued for every offence under Section 207?
No.
Where the offence is punishable with death or imprisonment for life, the provision permits the Magistrate to issue a warrant.
Does the Magistrate have unlimited power under Section 207?
No.
The statutory conditions must be satisfied. The Magistrate must have reason to believe that the person committed an offence outside the local jurisdiction, and the offence must be one that cannot be inquired into or tried within that jurisdiction.
Quick Revision
- Section 207 BNSS deals with the power to issue summons or warrant for an offence committed beyond local jurisdiction.
- The person must be within the Magistrate’s local jurisdiction.
- The alleged offence must have been committed outside that jurisdiction.
- The Magistrate must have reason to believe that the person committed the offence.
- The offence must be one that cannot be inquired into or tried within that local jurisdiction.
- For an offence not punishable with death or imprisonment for life, the Magistrate may issue a summons.
- For an offence punishable with death or imprisonment for life, the Magistrate may issue a warrant.
- Section 207 broadly corresponds to Section 187 CrPC, 1973.
- The provision concerns the issuance of criminal process, not the final trial or determination of guilt.
Conclusion
Section 207 of the BNSS provides a practical mechanism for securing the presence of a person found within one territorial jurisdiction when that person is alleged to have committed an offence beyond that jurisdiction. By permitting the Magistrate to issue a summons or warrant according to the seriousness of the alleged offence, the provision facilitates criminal proceedings while preserving the territorial jurisdiction of the Court competent to conduct the inquiry or trial.
