Indian criminal procedure | Updated 17 October 2026

Section 187 CrPC and Section 207 BNSS: Summons or Warrant for Offences Beyond Local Jurisdiction

Section 187 of the Code of Criminal Procedure, 1973 dealt with a Magistrate's limited powers when a person within the Magistrate's territorial jurisdiction was believed to have committed an offence elsewhere. Its corresponding current provision is Section 207 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the savings and transitional rules in Section 531 BNSS. For proceedings already pending when the BNSS commenced, the applicable transitional provision must be checked.

What does Section 207 BNSS mean?

Section 207 allows a Magistrate of the first class to take specified preliminary steps where a person present within the Magistrate's local limits is reasonably believed to have committed an offence outside those limits, including outside India, if the offence is triable in India but cannot be inquired into or tried locally under Sections 197 to 205 BNSS or another applicable law.

The provision does not generally confer final trial jurisdiction on that Magistrate. Its purpose is to secure the person's appearance and facilitate proceedings before the Magistrate who has jurisdiction.

Conditions for exercising the power

The person concerned is within the local jurisdiction of a Magistrate of the first class.
There is reason to believe the person committed an offence outside that jurisdiction.
The offence cannot be inquired into or tried locally under the ordinary jurisdiction rules or another applicable law.
The offence is triable in India under an applicable law.

Powers under Section 207(1) BNSS

When these conditions are satisfied, the Magistrate may make an inquiry for the limited statutory purpose, compel the person's appearance according to law, and send the person to the Magistrate competent to inquire into or try the offence.

If the offence is not punishable with death or imprisonment for life, and the person is ready and willing to furnish bail to the satisfaction of the acting Magistrate, the Magistrate may take a bond or bail bond securing appearance before the competent Magistrate. This is subject to the statutory conditions; it is not an unconditional entitlement to release.

Section 207(2): Reference to the High Court

If more than one Magistrate may have jurisdiction and the acting Magistrate cannot determine to whom the person should be sent or before whom appearance should be secured, the matter must be reported for the orders of the High Court.

Section 187 CrPC: Earlier statutory provision

Section 187 CrPC, headed Power to issue summons or warrant for offence committed beyond local jurisdiction, contained the following two-subsection rule:

Subsection (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.

Subsection (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 changes under BNSS

The corresponding BNSS provision is Section 207. Its territorial-jurisdiction cross-reference is now Sections 197 to 205 BNSS, instead of Sections 177 to 185 CrPC. The wording concerning securing appearance now refers to a bond or bail bond, rather than the earlier phrase concerning a bond with or without sureties. The central purpose of the provision remains substantially similar.

Practical illustration

Suppose a person is found in District A, but the alleged offence was committed in District B, and the courts in District A have no jurisdiction to inquire into or try that offence under the applicable provisions. Subject to Section 207's conditions, a first-class Magistrate in District A may secure the person's appearance and arrange for the person to be sent to the competent Magistrate in District B, or obtain an appropriate bond or bail bond where permitted.

Where the alleged act occurred outside India, separate rules governing offences committed abroad, including Section 208 BNSS, must also be considered. Section 207 by itself does not make every overseas offence triable in India.

Sections 197 to 205 BNSS: Ordinary and special rules identifying the proper place of inquiry or trial.
Section 206 BNSS: High Court determination where courts have taken cognizance of the same offence and a jurisdictional dispute arises.
Section 208 BNSS: Offences committed outside India.
Section 531 BNSS: Repeal and savings, relevant to pending proceedings.

Frequently asked questions

What is the new BNSS section corresponding to Section 187 CrPC?

It is Section 207 BNSS, titled Power to issue summons or warrant for offence committed beyond local jurisdiction.

Can a Magistrate proceed if an offence happened in another district?

Yes, but only within the limited authority and conditions prescribed by Section 207. The matter ordinarily proceeds before the court competent to inquire into or try the offence.

Can a bond or bail bond be taken instead of sending the person immediately?

Section 207 permits this where the offence is not punishable with death or life imprisonment and the person is willing to furnish satisfactory bail, subject to the provision's terms.

Who resolves uncertainty between multiple competent Magistrates?

Under Section 207(2), the acting Magistrate reports the matter for orders of the High Court if unable to identify the appropriate Magistrate.

Official legal sources

This article provides general statutory information. Court jurisdiction and transitional applicability depend on the facts and the law governing the particular proceeding.