CrPC Section 187: Summons or Warrant for Offence Beyond Local Jurisdiction

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CrPC Section 187: Summons or Warrant for Offence Beyond Local Jurisdiction

This section deals with the issuance of summons or warrant when the offence is committed beyond the local jurisdiction of the court.

1. Code

Code of Criminal Procedure, 1973, Section 187

2. 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.

3. 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.

4. 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.
Also Read  Section 473 CrPC: Extension of Limitation Period in Criminal Cases
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