Jurisdiction of magistrate in sec 97 crpc

dipankar (Querist) 01 September 2023 This query is : Resolved
I want to lodge a case under sec 97 crpc.my wife and son has been wrongfully confined in Jharkhand and I am from bengal.so can I move sec 97 in Bengal? As the law states ANY Magistrate can issue such a order.whether that ANY word, refers to anywhere in INDIA.

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This discussion explores the jurisdiction of magistrates under Section 97 of the Criminal Procedure Code (CRPC) concerning wrongful confinement. The user, based in Bengal, wants to know if they can file a case under Section 97 if their wife and son are confined in Jharkhand. The general understanding is that any magistrate can issue such an order, potentially extending across India, though filing in your local court is the initial step. If rejected, you can pursue it in the relevant jurisdictional court.

T. Kalaiselvan, Advocate (Expert) 02 September 2023
If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue, a search-warrant, and the person to whom such warrant is directed may search for the person confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper. You can file the petition before the court in your jurisdiction, if they reject then you an file it in the jurisictional court.

Dr. J C Vashista (Expert) 03 September 2023
Already replied in https://www.lawyersclubindia.com/experts/jurisdiction-of-magistrate-in-sec-97-crpc-753731.asp

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