Section 207 BNSS: Power to issue summons or warrant for offence committed beyond local jurisdiction

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 207 BNSS at a Glance

Section 207 BNSS deals with power to issue summons or warrant for offence committed beyond local jurisdiction. It replaced Section 187 CrPC on 1 July 2024.

Section 207 BNSS Bare Act 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.

Source: Section 207, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 207 BNSS in Simple Words

Section 207 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to issue summons or warrant for an offence committed beyond local jurisdiction. Section 207(1) BNSS applies when a Magistrate of the first class sees reason to believe that a person within the local jurisdiction of the Magistrate has committed an offence outside that jurisdiction. The place outside that jurisdiction may be within or outside India. The offence must be one that cannot be inquired into or tried within that jurisdiction under sections 197 to 205, both inclusive, or any other law for the time being in force. It must also be triable in India under any law for the time being in force.

The Magistrate may then inquire into the offence as if it had been committed within the local jurisdiction. The Magistrate may also compel the person to appear, in the manner provided earlier in the Sanhita, and send the person to the Magistrate having jurisdiction to inquire into or try the offence. Alternatively, the Magistrate may take a bond or bail bond for the appearance of the person before the Magistrate having jurisdiction. This option applies only if the offence is not punishable with death or imprisonment for life. The person must also be ready and willing to give bail to the satisfaction of the Magistrate acting under Section 207 BNSS.

Under Section 207(2) BNSS, there may be more than one Magistrate having such jurisdiction. That provision applies where the Magistrate acting under Section 207 BNSS cannot be satisfied as to which Magistrate the person should be sent to or bound to appear before. In that event the case shall be reported for the orders of the High Court.

When Section 207 BNSS Applies

  • Under Section 207(1) BNSS, a Magistrate of the first class may act when the Magistrate sees reason to believe that a person within the local jurisdiction of that Magistrate has committed an offence outside such jurisdiction, whether within or outside India.
  • The offence must be one 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.
  • Under Section 207(1) BNSS, 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.
  • Under Section 207(1) BNSS, 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 Section 207 BNSS, take a bond or bail bond for the appearance of such person before the Magistrate having such jurisdiction.
  • Under Section 207(2) BNSS, when there are more Magistrates than one having such jurisdiction and the Magistrate acting under Section 207 BNSS cannot be satisfied 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.

Example of Section 207 BNSS

A Magistrate of the first class sees reason to believe that Meera, a person within the local jurisdiction of that Magistrate, has committed an offence outside such jurisdiction. The offence 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. The offence is not punishable with death or imprisonment for life, and Meera is ready and willing to give bail to the satisfaction of the Magistrate. Under Section 207(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate may take a bond or bail bond for the appearance of Meera before the Magistrate having such jurisdiction.

When Section 207 BNSS Does Not Apply

  • Section 207(1) BNSS speaks of a Magistrate of the first class who sees reason to believe that a person within the local jurisdiction of that Magistrate has committed an offence outside such jurisdiction. It does not deal with the High Court deciding the district where an inquiry or trial shall take place in case of doubt, which is the subject of Section 206 BNSS.
  • Section 207(2) BNSS speaks of the report to the High Court where there are more Magistrates than one having such jurisdiction. It does not deal with the ordinary place of inquiry and trial, which is the subject of Section 197 BNSS.

Section 207 BNSS in the CrPC (Previous Law)

Section 207 BNSS replaced Section 187 CrPC from 1 July 2024.

Section 207 BNSS has the same heading as Section 187 CrPC, Power to issue summons or warrant for offence committed beyond local jurisdiction. Section 207(1) BNSS reads sections 197 to 205 where Section 187(1) CrPC read sections 177 to 185, and reads under any law where Section 187(1) CrPC read under some law. Section 207(1) BNSS reads a bond or bail bond where Section 187(1) CrPC read a bond with or without sureties, which is a change of form. Section 207(2) BNSS has the same text as Section 187(2) CrPC.

Each sub-section below names its own source.

FAQs on Section 207 BNSS

When may a Magistrate of the first class act under Section 207(1) BNSS?โ–ผ

Under Section 207(1) BNSS, a Magistrate of the first class sees reason to believe that any person within the local jurisdiction of that Magistrate 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.

What bond may the Magistrate take under Section 207(1) BNSS?โ–ผ

Under Section 207(1) BNSS, the Magistrate may 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 Section 207 BNSS, take a bond or bail bond for the appearance of such person before the Magistrate having such jurisdiction.

What happens under Section 207(2) BNSS when more than one Magistrate has jurisdiction?โ–ผ

Under Section 207(2) BNSS, when there are more Magistrates than one having such jurisdiction and the Magistrate acting under Section 207 BNSS cannot be satisfied 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.

What changed from Section 187 CrPC to Section 207 BNSS from 1 July 2024?โ–ผ

Section 207 BNSS has the same heading as Section 187 CrPC, Power to issue summons or warrant for offence committed beyond local jurisdiction. Section 207(1) BNSS reads sections 197 to 205 where Section 187(1) CrPC read sections 177 to 185. Section 207(1) BNSS reads but is under any law for the time being in force triable in India where Section 187(1) CrPC read but is under some law for the time being in force triable in India. Section 207(1) BNSS reads take a bond or bail bond where Section 187(1) CrPC read take a bond with or without sureties. This is a change of form, as Section 2(1)(d) BNSS defines bail bond as an undertaking for release with surety and Section 2(1)(e) BNSS defines bond as a personal bond or an undertaking for release without surety. Section 207(2) BNSS has the same text as Section 187(2) CrPC.

Section 207 BNSS: Sub-sections Explained

Section 207(1) BNSS: Power to issue summons or warrant for offence committed beyond local jurisdiction

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Bare Act 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.

Previous Law

CrPC 187 โ†’ Section 207(1) BNSS

Section 207(2) BNSS: Power to issue summons or warrant for offence committed beyond local jurisdiction

โ–ถ

Bare Act Text

(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.

Previous Law

CrPC 187(2) โ†’ Section 207(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 26 Oct 2026 ยท