Code
(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.
Explanation
Section 187 states that when an offence is committed beyond the local jurisdiction of a court, but within India, the court may issue summons or warrant for the attendance of the accused, provided:
- The offence is triable by that court.
- The accused is found within the local jurisdiction of that court.
This allows for the trial of offences even when they occur outside the immediate area of the court, ensuring justice is served.
Illustration
Imagine a person living in Delhi commits an offence in Mumbai. The court in Delhi, even though the offence took place outside its jurisdiction, can still issue summons or warrant for the accused if the accused is found in Delhi.
Common Questions and Answers
Q: What is the difference between local and territorial jurisdiction?
A: Local jurisdiction refers to the specific geographical area within which a court has power to try cases. Territorial jurisdiction refers to the geographical area where the crime was committed.
Q: Can a court issue a summons or warrant if the offence was committed outside India?
A: No, this section only applies to offences committed within India. For offences outside India, different legal provisions apply.
Q: Can the accused challenge the jurisdiction of the court?
A: Yes, the accused can challenge the court’s jurisdiction, but the court’s decision will depend on the specific facts of the case.
