CrPC Section 105 — Reciprocal arrangements regarding processes

Summary

Sub-section (1) applies when a Court in the territories covered by the Code wants a summons or warrant issued by it to be served or executed elsewhere. The documents covered are: (a) a summons to an accused person; (b) a warrant for an accused person’s arrest; (c) a summons requiring someone to attend and produce a document or other thing, or to produce it; and (d) a search-warrant.

Under clause (i) of sub-section (1), if the summons or warrant is to be served or executed within the local jurisdiction of a Court in an Indian State or area outside those territories, the Court may send it in duplicate, by post or otherwise, to that Court’s presiding officer. If a summons under clause (a) or clause (c) is served this way, section 68 applies as if the presiding officer who received it were a Magistrate in the territories covered by the Code.

Under clause (ii) of sub-section (1), if the summons or warrant is to be served or executed in a country or place outside India with which the Central Government has made arrangements for service or execution in criminal matters, the Court may send it in duplicate. It must be in the form and directed to the Court, Judge or Magistrate, and sent to the authority for transmission, specified by the Central Government by notification.

Sub-section (2) applies when a Court in the territories covered by the Code receives a summons or warrant for service or execution. The documents covered are: (a) a summons to an accused person; (b) a warrant for an accused person’s arrest; (c) a summons requiring someone to attend and produce a document or other thing, or to produce it; and (d) a search-warrant. They must have been issued by either (I) a Court in an Indian State or area outside those territories, or (II) a Court, Judge or Magistrate in a contracting State. The receiving Court must have them served or executed as if they had come from another Court in the territories covered by the Code for service or execution within its local jurisdiction.

Under clause (i) of sub-section (2), if an arrest warrant has been executed, the arrested person must, so far as possible, be dealt with under the procedure in sections 80 and 81.

Under clause (ii) of sub-section (2), if a search-warrant has been executed, the things found in the search must, so far as possible, be dealt with under the procedure in section 101.

The proviso to sub-section (2) applies when a summons or search-warrant received from a contracting State has been executed. The documents or things produced, or things found in the search, must be sent to the Court that issued the summons or search-warrant through the authority specified by the Central Government by notification.

Official Text

(1) Where a Court in the territories to which this Code extends (hereafter in this section referred to as the said territories) desires that—

(a) a summons to an accused person, or

(b) a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or

(d) a search-warrant, 4[issued by it shall be served or executed at any place,—

(i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 68 shall apply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories;

(ii) in any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government may, by notification, specify in this behalf.]

(2) Where a Court in the said territories has received for service or execution—

(a) a summons to an accused person, or

(b) a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or

(d) a search-warrant, 2. Ins. by Act 25 of 2005, s. 13 (w.e.f. 23-6-2006). 2[issued by— (I) a Court in any State or area in India outside the said territories; (II) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed] as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where—

(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by sections 80 and 81,

(ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 101: 1[Provided that in a case where a summons or search-warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search-warrant through such authority as the Central Government may, by notification, specify in this behalf.] 2[CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR

Sections referred to

• CrPC §68 — Proof of service in such cases and when serving officer not present
• CrPC §80 — Procedure on arrest of person against whom warrant issued
• CrPC §81 — Procedure by Magistrate before whom such person arrested is brought
• CrPC §101 — Disposal of things found in search beyond jurisdiction

Old <-> New Code Mapping

• BNSS §110 — Reciprocal arrangements regarding processes