Law Maker

CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

Section 105B: Assistance in securing transfer of persons

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(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.

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

105B. Assistance in securing transfer of persons.BNSS 114

Practise questions on Criminal Law