Supreme Court: S. 225 BNSS | Magistrate Must Conduct Inquiry Or Order Probe Before Proceeding Against Accused Outside Jurisdiction

A Magistrate must conduct an inquiry himself or direct an investigation under Section 225 BNSS before issuing process against an accused who resides outside the territorial jurisdiction of the Court. Direct issuance of summons or process without complying with the mandatory procedure under Section 225 BNSS is impermissible. 

 IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2026

(@ SLP (CRL.) No.5873/2026)

RAJEEV MEHTA @ RAJIV KISHOR KIRTILAL MEHTA 

Vs

PARAM BIR SINGH

Dated: APRIL 10, 2026

Leave granted.

We have heard the learned Senior Counsel

appearing for the parties.

Learned Senior counsel appearing for the

appellant raised two issues before us.

First is on the issue pertaining to the

jurisdiction of the Trial Court, with specific

reference to territorial jurisdiction, which, though

raised, not considered by the High Court. The second

is on the application of Section 225 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’)

before exercising the jurisdiction under Section 223

of the BNSS.

On the second issue, we find considerable force

in the submission made by the learned Senior counsel

for the appellant. Section 225 of the BNSS in specific

terms, provides that the said power has to be

exercised upon receipt of a complaint of an offence of

which the learned Magistrate is authorised to take

cognizance, or which has been made over to the

Magistrate under Section 212 of the BNSS.

Therefore upon such receipt, it is mandatory on

the part of the Magistrate to press into service

Section 225, upon satisfying himself that the accused

person is residing at a place beyond the area in which

he exercises jurisdiction. Admittedly, in the case on

hand, the appellant is residing in Mumbai outside

territorial jurisdiction of the Magistrate.

In such view of the matter, the finding on issue

No.2 by the High Court stands set aside, as accepting

the said contention would make Section 225 as otiose

and redundant.

The first issue, though raised, the High Court

did not go into the same. Section 223 would be amenable

to a Magistrate who has jurisdiction. Therefore, the

Magistrate will have to satisfy himself that he does,

in fact, have jurisdiction before proceeding further.

When the issue of jurisdiction has been raised

specifically before the High Court, the same ought to

have been answered by the High Court in one way or the

other. In such view of the matter, we are inclined to

remit the matter to the High Court for deciding the

issue No.1, namely, the jurisdictional issue.

We request the High Court to pass appropriate

orders on the same within a period of 3 months from the

date of receipt of a copy of this order.

We make it clear that, by taking note of the

submissions made by the learned Senior counsel

appearing for the respondent, we have not expressed

anything on the factual averments or submissions made

with respect to issue No.1

In the meantime, there shall be a stay on the

proceedings pending before the Trial Court.

The appeal, is allowed, accordingly.

Pending application(s), if any, shall stand

disposed of

…………………………………………………J.

[M.M. SUNDRESH]

……………………………………………..J.

[PRASANNA B. VARALE]

NEW DELHI;

APRIL 10, 2026

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