In a recent ruling under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Supreme Court stated that magistrates must adhere to Section 225 before taking action against an accused residing beyond their territorial jurisdiction. Justices M.M. Sundresh and Prasanna B. Varale highlighted this while ruling in favor of Rajeev Mehta @ Rajiv Kishor Kirtilal Mehta, who contested a Punjab and Haryana High Court decision in a criminal case. The apex court stressed the necessity of invoking Section 225 when the accused lives outside the magistrate’s jurisdiction.
Dealing with the application of Section 225 of the BNSS, the Supreme Court acknowledged the appellant’s argument that this provision should be used when the accused resides outside the magistrate’s jurisdiction. The court emphasized that upon receiving a complaint, the magistrate must apply Section 225 if the accused is living beyond their jurisdiction. The top court noted that the appellant resided in Mumbai, outside the magistrate’s jurisdiction, and failing to apply Section 225 would make the provision meaningless.
The Supreme Court expressed concern over the territorial jurisdiction issue, criticizing the Punjab and Haryana High Court for not addressing it despite being raised. The court emphasized that a magistrate must ensure they have jurisdiction before proceeding under Section 223. Consequently, the Supreme Court referred the matter back to the Punjab & Haryana High Court for a fresh decision on the jurisdictional matter within three months. The court clarified that it had not given any opinion on the jurisdictional matter and suspended the trial court proceedings in the meantime.
