Inclusion of Police Jurisdiction

Source: Andhra Pradesh High Court 

Why in News? 

The bench of Justice Dr. Venkata Jyothirmai Pratapa in the case of V D Moorthy v. State of Andhra Pradesh and Others. (2025) clarified the jurisdictional limitations of police officers under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), particularly regarding their power to secure witness attendance from persons residing outside their territorial jurisdiction. 

What was the Background of V D Moorthy v. State of Andhra Pradesh and Others. (2025) Case? 

• The petitioner, V D Moorthy, is a 65-year-old Director of Sigma Supply Chain Solutions Private Limited, residing in Noida, Uttar Pradesh. 
• A case (Crime No.21/2024) was registered at CID Police Station, Mangalagiri under Sections 420, 409 read with 120-B of IPC, corresponding to Sections 318, 316(5) read with Section 61(2) of BNS, 2023. 
• The petitioner was not an accused but was issued notice dated 15.08.2025 under Section 179 of BNSS to appear for investigation on 18.08.2025. 
• Despite attending twice at the investigating officer's request, he received another notice dated 19.08.2025 to attend at the S.I.T office in Vijayawada on 21.08.2025. 
• The petitioner challenged this action, citing his advanced age (above 65 years), health issues including Cervical Radiculopathy, and the jurisdictional limitations under BNSS. 
• He sought examination at his residence in Noida or any neutral place there, in the presence of his advocates, with audio-video recording facility. 

What were the Court's Observations? 

• The Court noted that the petitioner had already attended twice before the investigating officer, honouring the notices under Section 179 of BNSS. 
• The investigation agency did not dispute that the petitioner resided in Noida, Uttar Pradesh, which is outside their territorial jurisdiction. 
• Justice Venkata Jyothirmai Pratapa observed that the power of a police officer under Section 179(1) of BNSS is "territorially restricted" and "does not extend to persons residing beyond his jurisdiction." 
• The Court examined the key differences between Section 160 of CrPC and Section 179 of BNSS: 
  • The age limit for male persons was reduced from 65 years (in CrPC) to 60 years (in BNSS). 
  • BNSS introduced a second proviso allowing persons to express willingness to attend police stations. 
• Regarding the application of provisos, the Court clarified: "The Police Officer can issue an order in writing to them by virtue of the power under Section 179(1) of BNSS, but he cannot secure their presence before him as a matter of right." 
• The Court emphasized that vulnerable persons "have no legal obligation to appear before him in obedience to the notice under Section 179(1) of BNSS" and that "such persons, being vulnerable, cannot be troubled by the Police Officer in the name of investigation." 

What is Section 179 of BNSS? 

About:  

• Section 179 of BNSS replaced Section 160 of the Criminal Procedure Code, 1973(CrPC) with certain modifications. 
• It empowers police officers to secure attendance of witnesses during investigation through written orders. 
• Police officers conducting investigations can issue written orders requiring any person to attend before them. 
• Section 179 balances investigative needs with protection of vulnerable persons, while strictly limiting police jurisdiction to their territorial boundaries.  
• Protected categories retain the right to be examined at their residence but can voluntarily waive this protection if they prefer to attend the police station. 

Territorial Limitation:  

• Only applies to persons within the limits of their own police station or any adjoining station. 
• Person must appear to be acquainted with the facts and circumstances of the case. 
• Such persons are legally bound to attend as required. 

Protected Categories (First Proviso):  

The following vulnerable groups cannot be required to attend anywhere other than their place of residence: 

• Male persons under 15 years or above 60 years 
• Women (regardless of age) 
• Mentally or physically disabled persons 
• Persons with acute illness 

Voluntary Attendance (Second Proviso): 

• Protected persons may voluntarily choose to attend at the police station if they wish. 
• This respects individual autonomy while maintaining protective measures. 

Financial Provision: 

• State governments may make rules for police officers to pay reasonable expenses of persons attending at places other than their residence.