Section 187 of The Code of Criminal Procedure, 1973
- (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.
Summary
- A top-level Magistrate can act even if a crime happened outside their local area.
- This applies when a person within their area is believed to have committed a crime elsewhere.
- The Magistrate can treat the person as if the crime happened locally to force them to appear in court.
- The person is then sent to the court that actually has the power to try the crime.
- The Magistrate can grant bail unless the crime is punishable by death or life in prison.
- If there is doubt about which court should receive the person, the High Court decides.
Practical examples
FAQ
1. Can a local judge arrest someone for a crime committed in another state under Section 187 of the 1973 Act?
Yes, a Magistrate of the first class can compel a person's appearance for a crime committed outside their jurisdiction under Section 187 of the Code of Criminal Procedure, 1973.
2. Can a Magistrate give bail to someone who committed a crime elsewhere under Section 187 of the 1973 Code?
Yes, provided the crime is not punishable by death or life imprisonment, the Magistrate can take a bond for their appearance at the correct court under Section 187 of the Code of Criminal Procedure, 1973.
3. Who decides where to send a suspect if it is unclear under Section 187 of the 1973 criminal law?
If the Magistrate cannot satisfy himself about where to send the person, the case is reported to the High Court for orders under Section 187 of the Code of Criminal Procedure, 1973.
Test yourself
Q1.Under Section 187 of the Code of Criminal Procedure, 1973, which authority can issue a warrant for an offence committed outside their local area?
Q2.According to Section 187 of the 1973 Criminal Procedure Code, when is a Magistrate prohibited from taking a bond for bail?
Q3.Under Section 187 of the Code of Criminal Procedure, 1973, what happens if there are multiple possible courts and the Magistrate is unsure where to send the person?
Q4.Section 187 of the Code of Criminal Procedure, 1973, allows a Magistrate to act as if the offence had been committed where?