Clarification of Section 179 BNSS’s Territorial and Age Restrictions; Quashing of Extraterritorial Summons as Binding Authority for Anti-Corruption Investigations
Summary
| Category | Data |
|---|---|
| Case Name | W.P.(Crl.)/8/2025 of Sh. Satish Aparajit Vs State of Mizoram and 2 Ors. |
| CNR | GAHC030005622025 |
| Date of Registration | 21-08-2025 |
| Decision Date | 02-09-2025 |
| Disposal Nature | Disposed Of |
| Judgment Author | Hon’ble Mrs. Justice Yarenjungla Longkumer |
| Court | Gauhati High Court |
| Bench | Single Judge |
| Precedent Value | Binding on subordinate courts |
| Overrules / Affirms | Affirms statutory limits of Section 179 BNSS |
| Type of Law | Criminal procedure (police summons) |
| Questions of Law | Whether a Police Officer can issue summons under Section 179 BNSS to a person residing outside his own or adjoining station limits and over 65 years of age. |
| Ratio Decidendi |
|
| Judgments Relied Upon | Directorate of Enforcement & Ors. v. State of West Bengal & Ors., 2021 SCC Online Del 5603 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Statutory interpretation of “within the limits of his own or any adjoining station” in Section 179 BNSS to circumscribe police jurisdiction. |
| Facts as Summarised by the Court | The petitioner, a resident of Dehradun and over 65 years old, was served an undated summons under Section 179 BNSS by the Anti-Corruption Bureau, Aizawl, in connection with Criminal Case No. 3/2023. |
| Citations | 2021 SCC Online Del 5603 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Gauhati High Court’s jurisdiction |
| Persuasive For | Other High Courts; Supreme Court |
| Follows | Directorate of Enforcement & Ors. v. State of West Bengal & Ors., 2021 SCC Online Del 5603 |
What’s New / What Lawyers Should Note
- Section 179 BNSS is territorially confined to a police officer’s own or adjoining station.
- Persons aged over 65 years receive additional statutory protection under Section 171(1) BNSS.
- Summons issued extraterritorially or to protected categories can be quashed under Article 226.
- This decision can be cited to challenge improper or arbitrary police summons in anti-corruption and other criminal investigations.
Summary of Legal Reasoning
- The court examined the plain language of Section 179 BNSS, noting the qualification “within the limits of his own or any adjoining station.”
- It held that a summons cannot be issued to a person—here, the petitioner in Dehradun—residing beyond those territorial boundaries.
- The petitioner’s age (over 65) was also found to invoke the protections afforded by Section 171(1) BNSS.
- Relying on the Delhi High Court’s interpretation in Directorate of Enforcement v. State of West Bengal, it underscored legislative intent to limit police jurisdiction.
- Concluding that the impugned notice was ultra vires, the court quashed it without delving into the substantive allegations.
Arguments by the Parties
Petitioner
- Summons under Section 179 BNSS is illegal as he resides in Dehradun, outside Aizawl and adjoining stations.
- Being over 65 years old, he is statutorily protected under Section 171(1) BNSS.
- The notice infringes his rights under Article 21 and reflects arbitrary exercise of authority.
State (Respondent Nos. 1–3)
- The notice was issued under the wrong provision; the petitioner is an accused, not a witness.
Factual Background
The petitioner is arraigned as an accused in ACB Criminal Case No. 3/2023 under the Prevention of Corruption Act and various IPC sections. He received an undated summons under Section 179 BNSS from the Anti-Corruption Bureau, Aizawl. The petitioner, a resident of Dehradun and over 65 years of age, challenged the summons as outside the police jurisdiction and as an abuse of power. The High Court granted relief under Article 226, quashing the notice without adjudicating the merits.
Statutory Analysis
- Section 179 BNSS: empowers police to summon persons “within the limits of his own or any adjoining station” for investigation—no extraterritorial application.
- Section 171(1) BNSS: provides special protection to persons aged over 65 years.
- The court refused any “reading down” or expansive interpretation that would allow national or statewide jurisdiction.
Alert Indicators
- ✔ Precedent Followed – Affirms the territorial and age-based limits on police summons under Section 179 BNSS.
Citations
- Directorate of Enforcement & Ors. v. State of West Bengal & Ors., 2021 SCC Online Del 5603
- W.P.(Crl.)/8/2025, CNR GAHC030005622025 (Gauhati High Court, 02-09-2025)