Bharatiya Nagarik Suraksha Sanhita, 2023
Section 207
Power to issue summons or warrant for offence committed beyond local jurisdiction
(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.
Why this exists
This provision fills a jurisdictional gap: sometimes a person resides in one Magistrate's area but the offence occurred elsewhere, including abroad, and no existing rule clearly assigns the case to a particular court. Without such a provision, procedural technicalities about 'place of trial' could let offenders escape justice simply because of geography. It ensures continuity of the criminal process by allowing the local Magistrate to act provisionally — securing the person's appearance — while directing the matter to the Magistrate who is properly empowered to try it.
Common misconceptions
- Myth: This section lets any Magistrate try any crime committed anywhere.
Fact: It only allows the Magistrate to inquire and secure the accused's appearance provisionally — the actual trial must happen before the Magistrate who truly has jurisdiction. - Myth: Bail is always available under this section.
Fact: Bail can only be granted if the offence isn't punishable with death or life imprisonment, and the accused is willing to furnish it.