BBA LLB 10 February 2021

Surrender of accused person

Can a magistrate accept surrender of an accused person who does not have territorial jurisdiction to try or commit the case to sessions court for trial?
Section which deals with surrender of the accused?

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Quick Summary

This discussion clarifies whether an accused person can surrender to a magistrate who may not have territorial jurisdiction over the case. The Madras High Court has ruled that if the investigation is pending within a state, an accused can surrender before any Judicial Magistrate in that state, who must accept the surrender and take the accused into custody. This principle also applies to anticipatory bail applications, where a magistrate cannot refuse custody if the accused offers to surrender for a cognizable offence.

3 Replies

Kevin Moses Paul 14 February 2021

As per your query, I would like to inform you that a Divisional Bench of Madras High Court consisting of Justices S. Nagamuthu and V.S. Ravi held that if the investigation of a criminal case was pending in Tamil Nadu, the accused may surrender before any Judicial Magistrate in the State irrespective of jurisdictional issues and the Magistrate would have no option but to accept the surrender and take the accused into judicial custody.

Therefore,for instance in cases in which investigation was pending in Puducherry, the accused could surrender before any Judicial Magistrate in the Union Territory.

In the case of RAMESHBHAI AMRITLAL CHHATRAL Vs STATE & Ors. the court held that when an accused person(s) who were concerned in a cognizable offence which was bailable, by offering to surrender before the Magistrate were willing to be taken into custody, the Magistrate could not refuse to take them into custody and on that account, reject the application for anticipatory bail filed by them.

Henceforth, yes an accused can surrender before any magistrate, who may not be have adequate Jurisdictions over him or her.

For more inputs regarding your query, feel free to check through the given links -

https://www.thehindu.com/news/cities/Madurai/hc-lays-down-rules-on-surrender-of-accused/article8023496.ece

https://indiankanoon.org/doc/1490368/

Hope it clears your doubt.

Thanks

Dr J C Vashista (Advocate) 14 February 2021

Yes, the accused can surrender and it is acceptable to any Magistrate throughout India.

Being a law student it is better to seek advise of your tutor/ guied/ professor as this site is meant for needy litigants and not for tutorial classes.