Sections 186 and 187 CrPC: High Court Decision and Process Beyond Local Jurisdiction
Sections 186 and 187 of the Code of Criminal Procedure, 1973 formed part of Chapter XIII dealing with jurisdiction of criminal courts in inquiries and trials. They addressed two distinct territorial-jurisdiction situations: competing cognizance by courts and securing a person who is locally present for an offence triable elsewhere.
Section 186 CrPC: High Court to decide where inquiry or trial shall take place
Meaning: Section 186 resolves a conflict when two or more courts have already taken cognizance of the same offence and a question arises as to which court should inquire into or try it.
If the courts are subordinate to the same High Court, that High Court decides the question.
If the courts are not subordinate to the same High Court, the question is decided by the High Court within whose appellate criminal jurisdiction the proceedings were first commenced. Once the competent High Court decides the issue, the other proceedings concerning that offence are discontinued.
The provision therefore operates after competing courts have taken cognizance of the same offence. It identifies the High Court competent to settle the jurisdictional conflict and prevents parallel proceedings concerning that offence from continuing after the decision.
Section 187 CrPC: Summons or warrant for an offence committed beyond local jurisdiction
Meaning: Section 187 deals with a person found within the local jurisdiction of a Magistrate of the first class who is believed to have committed an offence outside that jurisdiction, where the offence cannot be inquired into or tried locally under Sections 177 to 185 CrPC or another applicable law but is triable in India.
Under sub-section (1), the Magistrate may inquire into the offence as if it had been committed within the local jurisdiction, compel the person's appearance in the manner provided by the Code, and send the person to the Magistrate having jurisdiction 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 Magistrate acting under Section 187, the Magistrate may take a bond, with or without sureties, for appearance before the Magistrate having jurisdiction.
Under sub-section (2), if more than one Magistrate may have jurisdiction and the acting Magistrate cannot determine to whom the person should be sent or before whom the person should be bound to appear, the matter is reported to the High Court for orders.
How Sections 186 and 187 differ
Section 186 addresses a conflict between courts that have taken cognizance of the same offence. Section 187 addresses the procedural problem of a person being within one Magistrate's local jurisdiction while the alleged offence is triable by a Magistrate elsewhere. Both provisions support orderly territorial jurisdiction, but they operate at different procedural stages and for different purposes.
Related territorial-jurisdiction provisions
Sections 186 and 187 should be read with the preceding territorial-jurisdiction provisions of Chapter XIII, particularly Sections 177 to 185 CrPC. For related explanations, see Sections 177, 178 and 179 CrPC, Sections 180, 181 and 182 CrPC, and Sections 183, 184 and 185 CrPC.
Corresponding provisions under BNSS
For matters governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, the corresponding provisions are Section 206 BNSS for a High Court decision where courts dispute the place of inquiry or trial, and Section 207 BNSS for process concerning an offence committed beyond local jurisdiction. The surrounding territorial-jurisdiction provisions are now Sections 197 to 205 BNSS.
This page is a general legal information resource. Applicability to a particular proceeding depends on the facts, the date of the proceeding and the governing savings provisions.