CrPC Section 105B — Assistance in securing transfer of persons

Summary

Sub-section (1) applies when an Indian court, in a criminal matter, wants an arrest warrant for a person to attend or to produce a document or other thing to be carried out in a contracting State. The court must send the warrant in duplicate, in the form specified by the Central Government, through the authority it specifies, to the relevant court, judge or magistrate in that State. That court, judge or magistrate must arrange for the warrant to be carried out.

Sub-section (2) applies during an investigation or inquiry into an offence. If the investigating officer, or an officer senior to that officer, applies for the attendance of a person in a contracting State, and the court is satisfied that the person’s attendance is required for the investigation or inquiry, the court must issue a summons or warrant in duplicate against that person. It must send it, in the form specified by the Central Government, to the relevant court, judge or magistrate in that State for service or execution.

Sub-section (3) applies when an Indian court, in a criminal matter, receives from a court, judge or magistrate in a contracting State an arrest warrant requiring a person to attend, or to attend and produce a document or other thing, before that Indian court or another investigating agency. The Indian court must execute the warrant as if it were a warrant received from another Indian court for execution within its local limits.

Sub-section (4) applies when a person transferred to a contracting State under sub-section (3) is a prisoner in India. The Indian court or the Central Government may impose any conditions it considers appropriate.

Sub-section (5) applies when a person transferred to India under sub-section (1) or (2) is a prisoner in a contracting State. The Indian court must ensure that the conditions attached to the transfer to India are followed. The prisoner must be kept in custody subject to any conditions the Central Government directs in writing.

Official Text

(1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed.

(2) Notwithstanding anything contained in this Code, if, in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in connection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be served or executed.

(3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits.

(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit.

(5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing.

Old <-> New Code Mapping

• BNSS §114 — Assistance in securing transfer of persons