In a significant ruling on criminal procedure, the Supreme Court of India has held that Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is mandatory in nature, particularly when the accused resides outside the territorial jurisdiction of the Magistrate.
The judgment was delivered in Rajeev Mehta @ Rajiv Kishor Kirtial Mehta vs Param Bir Singh (2026), where the Apex Court examined the scope and applicability of Section 225 BNSS in conjunction with Section 223 BNSS.
⚖️ Key Legal Issue
The core issue before the Court was:
👉 Whether a Magistrate can proceed under Section 223 BNSS without complying with the mandatory requirement under Section 225 BNSS when the accused is residing outside the territorial jurisdiction.
🧾 Court’s Observations
The Supreme Court categorically held that:
- Section 225 BNSS must be invoked mandatorily once the Magistrate is satisfied that the accused resides beyond his jurisdiction.
- The provision is not optional and failure to follow it would render the proceedings legally flawed.
- Ignoring Section 225 would make the provision redundant and otiose, which is impermissible in law.
The Court further emphasized that:
- A Magistrate must first satisfy himself regarding territorial jurisdiction before proceeding further.
- The High Court erred in not addressing the jurisdictional issue raised before it.
🚫 Error by High Court
The Apex Court found that the High Court had:
- Failed to examine the jurisdictional issue, despite it being specifically raised.
- Upheld proceedings without ensuring compliance of Section 225 BNSS.
As a result, the Supreme Court set aside the findings of the High Court on this issue.
🔄 Final Outcome
- The matter has been remanded back to the High Court for fresh consideration on jurisdiction.
- The Supreme Court granted interim stay on trial court proceedings.
- The High Court has been directed to decide the issue within 3 months.
🎯 Legal Significance
This judgment is crucial because:
✔ Clarifies that procedural compliance under BNSS is mandatory
✔ Strengthens safeguards for accused residing outside jurisdiction
✔ Reinforces the principle that jurisdiction must be decided first
✔ Prevents misuse of Magistrate powers
📌 Conclusion
The ruling underscores that criminal procedure cannot be bypassed, and strict adherence to statutory provisions like Section 225 BNSS is essential for ensuring fairness and legality in judicial proceedings.
The judgment serves as a guiding precedent for courts across India, particularly in cases involving territorial jurisdiction and procedural compliance.