Chapter XIII
Section 187 CrPC: Power to issue summons or warrant for offence committed beyond local jurisdiction
New Law Update (2024)
Section 202 BNSS
TRIAL COURT
Magistrate having jurisdiction
Punishment
Procedural – Bail
Cognizable?
Bailable?
Compoundable?
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 177 to 185 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under some 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 with or without sureties 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.
Important Sub-Sections Explained
Section 187(1)
This sub-section empowers a First Class Magistrate to initiate an inquiry and compel appearance if a person within their local area has committed an offence outside it, even overseas, provided the offence is triable in India. The Magistrate can then send the person to the correct jurisdictional court or, for non-life-threatening offences, grant bail.
Section 187(2)
If a Magistrate is unsure which of several competent courts an accused should be sent to, this sub-section mandates that the matter be reported to the High Court for its directions. This ensures clarity and proper allocation of jurisdiction in complex transfer cases.
Landmark Judgements
Purushottam Das Goyal v. State of U.P. (1987):
This judgment clarified that a Magistrate acting under Section 187 CrPC conducts a preliminary inquiry, not a trial. The purpose is to ascertain if sufficient grounds exist to send the accused to the Magistrate having proper jurisdiction over the offence, without delving into the merits of the case.
S.A. Khan v. State of M.P. (1992):
This ruling reinforced that the Magistrate’s role under Section 187 CrPC is primarily to facilitate the appearance of the accused before the competent court. The inquiry is limited to determining the prima facie existence of an offence triable in India and the necessity of forwarding the accused to the correct jurisdictional Magistrate, especially concerning offences committed outside the local limits or even outside India.